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Maxwell v. Royal Insurance Company, Limited

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1928
225 App. Div. 725 (N.Y. App. Div. 1928)

Opinion

November, 1928.

Present — Hubbs, P.J., Clark, Sears, Taylor and Sawyer, JJ.


Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event, upon the ground that the burden of proving that the building in question was vacant or unoccupied rested upon respondent ( Perretta v. St. Paul Fire Marine Ins. Co., 106 Misc. 91; affd., 188 App. Div. 983), and upon the record that question was fairly one of fact for the jury. All concur.


Summaries of

Maxwell v. Royal Insurance Company, Limited

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1928
225 App. Div. 725 (N.Y. App. Div. 1928)
Case details for

Maxwell v. Royal Insurance Company, Limited

Case Details

Full title:FRED A. MAXWELL, Appellant, v. ROYAL INSURANCE COMPANY, LIMITED, Respondent

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

Date published: Nov 1, 1928

Citations

225 App. Div. 725 (N.Y. App. Div. 1928)