Goldberg v. Knickerbocker Ins. Co. of N.Y.

Opinion by

Gawthrop, J.,

This is an action on a policy of insurance issued by defendant company on plaintff’s automobile and covering loss by theft. From a judgment entered on a verdict for plaintiff comes this appeal. The only assignments of error which need to be considered are the refusal of defendant’s point for binding instructions and judgment for defendant n. o. v. There is no dispute about the fact of the issuance of the policy, or the theft of the automobile when it was in the possession of plaintiff or the due furnishing of proofs of loss. The insufficiency of plaintiff’s case is…