Simon Cloak & Suit Co. v. Ætna Ins.
City of New York Municipal Court
Action by the Simon Cloak & Suit Company against the 2Etna Insurance Company. Verdict for plaintiff, and defendant moves for judgment notwithstanding the verdict. Motion denied.
1Opinion of the CourtSchmuck, J.
[1] After the verdict of the jury was announced, counsel for the defendant moved for judgment, and protested the acceptance of the verdict. The basis of this rather unusual application was that, the amount of the verdict being considerably less than the amount claimed and sued for, evidence of fraud was thereby conclusively established, requiring judgment on the verdict in favor of the defendant. If mere exaggeration of the loss is fraud, then defendant’s contention must- prevail. If it is not such per se, then, before any force can be ascribed to defendant’s claim, some evidence of a willful…
2Cases cited5 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Sternfeld v. Park Fire InsuranceNew York Supreme Court · 1888
- Cheever v. Scottish Union & National InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Nugent v. Rensselaer County Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
- Davis v. Guardian Assur. Co.New York Supreme Court · 1895
3Cited by3 opinions
- Campbell v. Great Lakes Insurance Co.Michigan Supreme Court · 1924
- Arel v. First National Fire InsuranceMissouri Court of Appeals · 1916
- Bass v. Williamsburgh City Fire Ins.Appellate Terms of the Supreme Court of New York · 1913