Weniger v. West India Steamship Co.

279 A.D. 561 Court N.Y. App. Div. Decision date 1951-10-09 English

Contents

Majority

p. 561

Margaret A. Weniger, as Administratrix of the Estate of Louis F. Weniger, Deceased, Appellant, v. West India Steamship Company, Respondent.

Present — Peek, P. J., Glennon, Dore, Callahan and Shientag, JJ.; Glennon and Dore, JJ., dissent and vote to affirm in the following memorandum: Reading the letter of transmission together with the proof of loss, we think that the trial court was correct in holding there was no malice. [See post, p. 791.]