Smith v. American Central Insurance — 228 A.D. 739

Majority

p. 739

Agnes Smith, Respondent, v. American Central Insurance Company, Appellant. Agnes Smith, Respondent, v. The Continental Insurance Company of the City of New York, Appellant.

Judgments and orders reversed on the law and facts and new trial granted with costs, in one action to the appellant to abide the event, on the ground that the finding of the jury that plaintiff was not guilty of any fraud or false swearing, relating to the insurance or the subject thereof, is against the weight of the evidence. Present — Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ.