Halbreich v. Urbaine Fire Insurance of Paris, France

Appellate Division of the Supreme Court of New York

Halbreich v. Urbaine Fire Insurance of Paris, France

238 A.D. 842

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1933

StatusPublished

This text of 238 A.D. 842 (Halbreich v. Urbaine Fire Insurance of Paris, France) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Halbreich v. Urbaine Fire Insurance of Paris, France, 238 A.D. 842 (N.Y. Ct. App. 1933).

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Opinion

Judgment and order reversed on the law and the facts and a new trial granted, costs to abide the event, on authority of Halbreich v. Travelers Fire Ins. Co. (ante, p. 841), decided herewith. Here there was a defense of fraud pleaded, but there was no proof to sustain it. The evidence invoked as constituting fraud did not concern anything other than testimony on the trial, unrelated to alleged fraudulent acts prior to the trial. It was not proved that any alleged acts of fraud or false swearing were perpetrated on this defendant prior to the trial. Therefore, there was no fraud proved within the defense pleaded. (Joyce Ins. [2d ed.], vol. 5, § 3344, p. 5554, and cases cited.) Kapper, Carswell, Scudder and Tompkins, JJ., concur; Lazansky, P. J., concurs in result.

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Judgment and order reversed on the law and the facts and a new trial granted, costs to abide the event, on authority of Halbreich v. Travelers Fire Ins. Co. (ante, p. 841), decided herewith. Here there was a defense of fraud pleaded, but there was no proof to sustain it. The evidence invoked as constituting fraud did not concern anything other than testimony on the trial, unrelated to alleged fraudulent acts prior to the trial. It was not proved that any alleged acts of fraud or false swearing were perpetrated on this defendant prior to the trial. Therefore, there was no fraud proved within the defense pleaded. (Joyce Ins. [2d ed.], vol. 5, § 3344, p. 5554, and cases cited.) Kapper, Carswell, Scudder and Tompkins, JJ., concur; Lazansky, P. J., concurs in result.

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Bluebook (online)

238 A.D. 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halbreich-v-urbaine-fire-insurance-of-paris-france-nyappdiv-1933.