Maxwell v. Royal Insurance

Appellate Division of the Supreme Court of New York

Maxwell v. Royal Insurance

225 A.D. 725

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

DecidedNovember 15, 1928

StatusPublished

This text of 225 A.D. 725 (Maxwell v. Royal Insurance) 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

Maxwell v. Royal Insurance, 225 A.D. 725 (N.Y. Ct. App. 1928).

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Opinion

Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event, upon the ground that the burden of proving that the building in question was vacant or unoccupied rested upon respondent (Perretta v. St. Paul Fire & Marine Ins. Co., 106 Misc. 91; affd., 188 App. Div. 983), and upon the record that question was fairly one of fact for the jury. All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.

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Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event, upon the ground that the burden of proving that the building in question was vacant or unoccupied rested upon respondent (Perretta v. St. Paul Fire & Marine Ins. Co., 106 Misc. 91; affd., 188 App. Div. 983), and upon the record that question was fairly one of fact for the jury. All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.

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Bluebook (online)

225 A.D. 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-royal-insurance-nyappdiv-1928.

Opinion

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