Rosenberg v. People's Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the People’s Surety Company of New York, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of July, 1908, upon the verdict of a jury.
1Opinion of the Court
Scott, J.:
Appeal by defendant from a judgment upon a policy of burglar insurance.
The policy upon which it is sought to recover contained certain conditions which it was agreed were to be construed as conditions precedent to any recovery. Among them were the following: That the company should not be liable (1) “ Unless there are visible marks upon the premises of the actual force and violence used in *437making entry into the said premises or exit therefrom; ” and (4) “ if the books and accounts of the assured are not so kept that the actual loss may be accurately determined therefrom.” Although a…
2Cited by3 opinions
- Michigan Millers Mutual Insurance Co. v. LindseyMississippi Supreme Court · 1973
- Georgia Life Ins. v. FriedmanMississippi Supreme Court · 1913
- Cantor v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1924