Summary
In Gross the Supreme Court of New York, Appellate Term, First Department, reversed a judgment rendered on an action to recover loss under a "tourist floater" policy and dismissed the complaint on the merits in a three sentence per curiam opinion, without citation of authority or statement of reason, in which two judges of the three judge panel concurred on the merits and the third judge dissented without filing an opinion.
Summary of this case from State Farm Fire Cas. v. QuirtOpinion
March 3, 1932.
Appeal from the Municipal Court, Borough of Manhattan, Second District.
Davis, Auerbach Cornell [ William J. Carr and Martin A. Schenck of counsel], for the appellant.
Nathan Gross, for the respondent.
The ring involved herein was a ladies' ring which the assured, a male person, had bought some time previously for presentation as an engagement ring. It was being carried at the time of its loss because the assured intended to sell it — the engagement having been broken. Under such circumstances it was not "a personal effect usually carried by a tourist or a traveller," nor was it "personal jewelry belonging to and used or worn by the assured or a member of his family." In any event it comes within the exception in the policy excluding "merchandise for sale."
Judgment reversed, with thirty dollars costs, and complaint dismissed.
CALLAHAN and UNTERMYER, JJ., concur on the merits, with costs; LEVY, J., dissents.