McLain v. British & Foreign Marine Insurance

14 Misc. 650

Opinion

McCarthy, J.

We have given this case very careful study,, and thjnk that the various objections claimed by the appellant have been inet, and the case was correctly submitted to the jury.

The " complaint was proper in form, -and sufficiently complied with claim of appellant. Code (hv- Pfioc. § 533.

The authority cited by appellant as controlling this case, to-wit, Van Wickle v. Mech. & Traders' Ins. Co., 97 N. Y. 350, 353, is distinguished in the case of Singleton v. Phœnix Ins. Co., 132 id. 298, 303, 304, and in our ‘ judgment meets this-case. ■ .-.

We find no errors, and the judgment must be affirmed, with costs. ■ ’

Van Wygk, J., concurs. . ) .

- Judgment. affirmed, with costs. ■