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Homestead Fire Insurance v. Hagerty

31 N.Y. Sup. Ct. 494 Court N.Y. Gen. Term English

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p. 494
The Homestead Fire Insurance Company, Appellant, v. John B. Hagerty, Respondent.

Judgment reversed and new trial ordered, costs to abide event. Held, that the complaint does not allege fraud; the facts and circumstances averred raised an implied assumpsit on the part of the defendant, and the action is on contract, and not for a tort.