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Migliaccio v. Mercantile Insurance Co. of America

205 A.D. 881 Court N.Y. App. Div. English

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p. 881
Joseph Migliaccio, Appellant, v. Mercantile Insurance Company of America, Respondent.

Judgment reversed and new trial ordered, with costs to the appellant to abide the event on the ground that upon the testimony offered on behalf of plaintiff, there was a question of fact for the consideration of the jury as to what was the actual cost of the car. Present — Clarke, P. J., Dowling, Page, Merrell and McAvoy, JJ.