Legal Opinion
Schwartz v. Metropolitan Surety Co.
Appellate Terms of the Supreme Court of New York
Decided November 30, 1908PublishedCited by 3 opinions
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Isidor Schwartz and another against the Metropolitan Surety Company. From a Municipal Court judgment for plaintiffs, defendant appeals.
1Opinion of the CourtSeabury, J.
This action is brought upon a policy of burglary insurance. The only question in dispute arises under the following clause of the policy:
“This policy to be void and thereupon cease and determine if the books and accounts of the assured are not so kept that the actual loss may be determined therefrom.”
The only claim now urged by the appellant is that the assured did not keep “books and accounts” so as to disclose the “actual loss.” The *67plaintiffs were engaged in the manufacture of cloaks. Immediately after the burglary, the plaintiff notified the defendant of the loss, and the defendant’s…
2Cases cited2 opinions
- Pearlman v. Metropolitan Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Leiman v. Metropolitan Surety Co.Appellate Terms of the Supreme Court of New York · 1908
3Cited by3 opinions
- Michigan Millers Mutual Insurance Co. v. LindseyMississippi Supreme Court · 1973
- Fidelity Deposit Co. of Maryland v. WoodSupreme Court of Oklahoma · 1923
- Tucker v. American Bonding & Casualty Co.Appellate Court of Illinois · 1921