Mamlok v. Franklin — 65 N.Y. 556

Majority

p. 556

Harry Mamlok et al., Respondents, v. Richard L. Franklin, Receiver, etc., Appellant.

(Argued October 11, 1874;

decided January term, 1875.)

Headnote

This was an action upon a policy of insurance issued by the Yonkers and ETew York Fire Insurance Company, of which company defendant is receiver. The policy was upon a stock of goods. The policy stated the distance of the store contain

p. 557

ing them from other buildings near. The uncontradicted evidence, as the court construed it, showed that the distances to the buildings specified were less than stated in the policy. Held, that this was a breach of warranty, and that the trial court erred in refusing to nonsuit plaintiff.

Thos. Yowng for the appellant.

Chas. E. Winfield for the respondents.

reads for reversal and new trial.

All concur.

Judgment reversed.