Berman v. Home Ins. Co. of N.Y.

Opinion by

Linn, J.,

Plaintiff had judgment in a suit on two fire insurance policies, of $1,000 each, issued by appellant, one covering household goods and the other (one of twelve such policies (by different insurersi)( dovering merchandise damaged by fire on the night of February 26, 1924. The only question here is on the merchandise policy. Appellant withdrew; its motion for a new trial, and by stipulation approved by the court, confined its motion for judgment n.o.v. to the single question whether plaintiff had forfeited his right to recover on the merchandise policy (1) by disposing of the…