People v. Roschli

Appellate Division of the Supreme Court of New York

People v. Roschli

249 A.D. 117, 291 N.Y.S. 473, 1936 N.Y. App. Div. LEXIS 5048

Appellate Division of the Supreme Court of the State of New York·Decided November 27, 1936·Published

Opinion

Per Curiam.

We decide that the acts charged against the defendant and upon which the prosecution is based do not amount to engaging in the business of insurance as that term is understood and defined in law. A violation of section 54 of the Insurance Law, therefore, was not shown.

It follows that the judgment should be reversed, the information dismissed, and the fine remitted.

Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

Judgment unanimously reversed, the information dismissed, and the fine remitted.

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Per Curiam.

We decide that the acts charged against the defendant and upon which the prosecution is based do not amount to engaging in the business of insurance as that term is understood and defined in law. A violation of section 54 of the Insurance Law, therefore, was not shown.

It follows that the judgment should be reversed, the information dismissed, and the fine remitted.

Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

Judgment unanimously reversed, the information dismissed, and the fine remitted.

People v. Roschli, 249 A.D. 117, 291 N.Y.S. 473, 1936 N.Y. App. Div. LEXIS 5048 (N.Y. Ct. App. 1936).

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