Fienglas v. New Amsterdam Casualty Co.

This action is brought to recover $500 under a policy of burglary and larceny insurance, issued by the defendant to the plaintiff. This case was tried before the court and a jury. At the close of the plaintiff’s case, the defendant rested without offering any evidence, and both sides moved for- a direction of a verdict. It was thereupon agreed between the attorneys that the case be decided by the court without a jury. There being no contradictory evidence, and the plaintiff and his witnesses being absolutely trustworthy, the court must accept as true the facts testified to by them. Those…