Miller v. Alliance Ins. Co. of Boston

Wallace, D. J.

So far as the defendant’s motion for a now trial rests upon the ground that the verdict for the plaintiff was contrary to the evidence, it may be briefly disposed of. There was a decided preponderance of testimony in favor of the defendant’s theory that the value of the property insured was considerably less than was represented by the plaintiff in his application for insurance and in his proofs of loss, but there was also direct aud positive testimony to sustain the correctness of the plaintiff’s estimate of value, the *650credibility of which was peculiarly for the consideration…