Benedict v. Security Insurance — 214 N.Y. 701

Majority

p. 701

Seelye Benedict et al., Respondents, v. Security Insurance Company, Appellant.

(Argued March 19, 1915;

decided April 13, 1915.)

Headnote

Benedict v. Security Insurance Co., 154 App. Div. 938 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18,1913, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court in an action to recover on a policy of fire insurance, the question at issue being as to which of two policies was in

p. 702

force at the time of the fire, and as to which of two companies should pay the loss.

Frederick J. Moses for appellant.

George A. Strong for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Collin, Cuddeback, Hogan, Miller, Cardozo and Seabury, JJ.