Riker v. North British & Mercantile Insurance

Majority

p. 575

Edward L. Riker et al., Respondents, v. North British and Mercantile Insurance Company of London and Edinburgh, Appellant.

Headnote

Riker v. North British & Mercantile Ins. Co., 132 App. Div. 948 , affirmed.

(Argued October 5, 1910;

decided October 25, 1910.)

Appeal from a judgment entered June 15, 1909, upon an order of the Appellate Division of the Supreme Court in the

p. 576

fourth judicial department, which overruled defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denied a motion for a new trial and directed judgment for plaintiffs upon the verdict in an action to recover upon a policy of fire insurance.

Hiram B. Wood and Horace McGuire for appellant.

F. W Hamm and Frederick W. Smith for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.