Preston v. Union Assurance Society — 198 N.Y. 577

Majority

p. 577

Veryl Preston, Appellant, v. Union Assurance Society, Respondent.

Headnote

Preston v. Union Assurance Society, 130 App. Div. 890 , affirmed.

(Argued March 25, 1910;

decided April 8, 1910.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1909, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to recover on a policy of fire insurance.

Graham Sumner for appellant.

Charles D. Cleveland for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts ; no opinion.

Concur: Cullen, Oh: J., Gray, Edward T. Bartlett, Haight, Vann, Werner and IIisoock, JJ.