Opinion
Argued June 3, 1931
Decided July 15, 1931
Appeal from the Supreme Court, Appellate Division, Second Department.
Hugo Wintner, Robert J. Fox and Robert P. Schur for appellant.
Clinton T. Taylor and James B. Stillson for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed, and a new trial granted, with costs to abide the event, on the ground that there was error in excluding testimony as to the cost of other pictures claimed to be the property of the plaintiff and that if such testimony had been admitted, there would have been a question of fact for the jury as to a fraudulent overvaluation of the subject of the policy; no opinion. (See N.Y. 580.)
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.