Douthitt v. Nassau Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Order affirmed, with ten dollars costs and disbursements. No opinion, Hirschberg, P. J., Woodward, Jenlcs and Hooker, JJ., concurred; Gaynor, J., read for reversal. Appeal from an order granting the plaintiff a bill of particulars.
1Opinion of the Court
Gaynor, J. (dissenting):
This is an action on a fire' insurance policy. • The answer pleads a defense that after the fire the plaintiff “made false and "fraudu-. lent statements to the defendant in certain papers purporting to be proofs of loss and otherwise, and falsely stated and sivore, among other things, in said pretended proofs of loss” that the value ox the'property covered by the policy and the damage thereto was $23,500, whereas it was less than one-half that sum.
*903This is followed by allegations that he repeated such “ false and fraudulent statements” in an examination subscribed and…
2Cited by1 opinion
- Herzig v. Washington Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1911