McKible v. Metropolitan Surety Co. — 122 N.Y.S. 1135

Majority

p. 1135

McKIBLE v. METROPOLITAN SURETY CO.

(Supreme Court, Appellate Division, First Department.

March 24, 1910.)

Headnote

Appeal from Trial Term, New York County. Action by Joseph McKible against the Metropolitan Surety Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

Reversed.

Edward R. Finch, for appellant.

Edmund R. Terry, for respondent.

The judgment and order should be reversed, and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulate to reduce the verdict to the sum of $776.15, in which event the judgment, as so modified, and the order appealed from, should be affirmed, without costs.

LAUGHLIN, J., dissents upon the ground that in his opinion the action is prematurely brought.