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Narinsky v. Fidelity Surety Co.

92 N.Y.S. 771 Court N.Y. App. Term Decision date 1905-03-21 English

Delivered by BLANCHARD, J.

Contents

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p. 771
NARINSKY v. FIDELITY SURETY CO.
(Supreme Court, Appellate Term.
March 21, 1905.)

Headnote

Insueance—Action on Policy—Peodtjction of Books—Demand.
Failure of plaintiff, in an action on a fire policy on a stock of goods, to produce books and vouchers, may not be complained of, there having been no proper demand for their production.
[Ed. Note.—For cases in point, see vol. 28, Cent. Dig. Insurance, §§ 1348, 1385.]
Appeal from City Court of New York, Special Term.
Action _ by Sarah Narinsky against the Eidelity Surety Company, as attorney in fact, and representing John W. Newberry and others, underwriters of the Eidelity Insurance Association, on a fire policy on a stock of goods. Erom a judgment for plaintiff, defendant appeals. Affirmed.
Argued before SCOTT, O’GORMAN, and BLANCHARD, JJ.
W. E. Kisselburgh, for appellant.
Goldfogle, Cohn & Lind, for respondent.

Only one ground of error need be referred to, and that relates to the failure to produce books, papers, and vouchers. In the first place, there was' not a proper demand for their production, and, in the second place, their nonproduction was sufficiently excused. The judgment should be affirmed, with costs. All concur.