Nicoud v. New York Life Insurance

Appellate Division of the Supreme Court of New York

Nicoud v. New York Life Insurance

134 A.D. 937

Procedural entryThis page is a short order in Nicoud v. New York Life Insurance. Read the opinion of the Court — 149 A.D. 784 →

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1909·Published

Opinion

Judgment reversed and new trial granted, costs to abide the event, [938]*938because the findings of fact are inconsistent and irreconcilable. (See Israel v. Manhattan Railway Co., 158 N. Y. 624; Nickell v. Tracy, 184 id. 386; City of Buffalo v. Del., Lack. & W. R. R. Co,, 190 id. 84.) In this case the trial court has found all the controlling facts both ways. Hirschberg, P. J., Jenks, Gaynor, Burr and Rich, JJ., concurred.

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Judgment reversed and new trial granted, costs to abide the event, [938]*938because the findings of fact are inconsistent and irreconcilable. (See Israel v. Manhattan Railway Co., 158 N. Y. 624; Nickell v. Tracy, 184 id. 386; City of Buffalo v. Del., Lack. & W. R. R. Co,, 190 id. 84.) In this case the trial court has found all the controlling facts both ways. Hirschberg, P. J., Jenks, Gaynor, Burr and Rich, JJ., concurred.

Nicoud v. New York Life Insurance, 134 A.D. 937 (N.Y. Ct. App. 1909).

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Opinion

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