Putnam v. Otsego Mutual Fire Insurance

Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered May 15, 1972 in Schoharie County, upon a decision of the court at a Trial Term, without a jury. During a pretrial conference, the parties submitted the controversy to the Trial Justice for resolution of the questions of law, no party waiving any triable issue of fact or a trial of any such issue of fact that might have been presented. No affidavits such as usually presented upon a motion for summary judgment or any formal agreed statement of facts were submitted to the court, except the pleadings and certain exhibits.…