From Casetext: Smarter Legal Research

McKible v. Metropolitan Surety Company

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1910
137 App. Div. 908 (N.Y. App. Div. 1910)

Opinion

March, 1910.

Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.


The judgment and order should be reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulate to reduce the verdict to the sum of $776.15, in which event the judgment as so modified and the order appealed from should be affirmed, without costs.


Judgment and order reversed and a new trial ordered, with costs to appellant to abide event, unless the plaintiff stipulate to reduce verdict as stated in memorandum per curiam, in which event the judgment as so modified and order affirmed, without costs. Settle order on notice. Laughlin, J., dissented on the ground that in his opinion the action is prematurely brought.


Summaries of

McKible v. Metropolitan Surety Company

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1910
137 App. Div. 908 (N.Y. App. Div. 1910)
Case details for

McKible v. Metropolitan Surety Company

Case Details

Full title:JOSEPH McKible, Respondent, v . THE METROPOLITAN SURETY COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1910

Citations

137 App. Div. 908 (N.Y. App. Div. 1910)