Legal Opinion

Reese v. Fidelity & Deposit Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 1915PublishedCited by 4 opinions

Appeal by the defendant from a judgment of the City Court of the city of New York, entered on the verdict of a jury and from the order denying the motion to set aside the verdict.

1Opinion of the CourtLehman, J.

The plaintiff has recovered a judgment for the sum of $672.50 in an action brought upon a policy insuring him against, loss from burglary, theft or larceny. The answer consists of a general denial and also sets up three affirmative defenses. The first defense sets forth that, the plaintiff falsely represented that his occupation was that of a mining promoter, that this representation was false and that immediately upon discovering the falsity of this state*33ment the defendant returned to the plaintiff the sum of $15 and certain papers which the plaintiff filed or attempted to file in compliance…

2Cited by4 opinions

  1. National Surety Co. of New York v. FoxSupreme Court of Arkansas · 1927
  2. Lang v. Merchants Mutual Casualty Co.New York Supreme Court · 1952
  3. Yazujian v. J. Rich Steers, Inc.New York Supreme Court · 1949
  4. Nixon v. Indemnity InsuranceCalifornia Court of Appeal · 1931

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