Nantasket, Inc. v. E. F. Raboy & Co.

Judgment and order appealed from unanimously reversed on the law and the facts and a new trial granted with costs and disbursements to the appellants to abide the event. The court had charged: “It is the claim of Rawley that the action brought by Nantasket was justified, reasonable, and proper because Rawley had failed to carry out its obligation to Nantasket in keeping the premises involved fully insured and in negligently causing a cancellation of the policies in reliance upon the representations of Raboy.” This amounted to a charge that Rawley admitted its negligence. The court refused…