Pearlman v. Metropolitan Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Surety Oompany, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of blew York on the 12th day of ¡November, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of ¡November, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The defendant appeals from a judgment for the damages alleged to have been sustained by plaintiffs from a burglary against which defendant had issued a policy of insurance. The plaintiffs failed to prove by any sufficient evidence the value of the goods alleged to have been stolen. The testimony upon that point was most vague and indefinite. Among the conditions of the policy was one which relieved the defendant from liability “ if the'books and accounts of the assured and daily tally of money are not so kept that the actual *540loss may be accurately determined therefrom, nor unless…
2Cited by9 opinions
- Zeltner v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Danerhirsch v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Wolowitch v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Garten v. General Accident, Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- Michigan Millers Mutual Insurance Co. v. LindseyMississippi Supreme Court · 1973
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