Leiman v. Metropolitan Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Simon Eeiman against the Metropolitan Surety Company. From an order denying a motion for a new trial, defendant appeals.
1Per curiam
It clearly appears from the pleadings and proof that the plaintiff sustained a loss as alleged in the complaint. The amount is not disputed. The defendant cannot now be allowed to escape liability under the clause in the “general agreement” in respect to books. That clause is intended to protect the defendant against an excessive claim, and is not available to defeat a claim the amount of which is not in dispute. The books of account are for the purpose of determining the amount of loss, and since that issue is not presented here the clause in question is without effect. Moreover, the…
2Cited by4 opinions
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