Halbreich v. Travelers Fire Insurance

Judgment and order reversed on the law and the facts and a new trial granted, costs to abide the event. (1) The only issue that should have been submitted to the jury on this record was as to the true amount of plaintiff’s damages under the policies. There was no issue of fraud. The court in its charge avoided the use of the words “ fraud ” or “ false swearing ” and used the terms “ dishonesty ” and “.padding ” in respect of the claim, and erroneously gave to them the effect in law of fraud and false swearing under the policy. The only effect which could be given to a finding by a jury that…