Valery v. Allied Fire Insurance

Appellate Division of the Supreme Court of New York

Valery v. Allied Fire Insurance

240 A.D. 865

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1933·Published

Opinion

Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs. The reversal and dismissal of the complaint [866] are based upon the breach of a warranty or material representation as to unincumbered title. (Hubbard v. Ohio Farmers Ins. Co., 224 App. Div. 249.) We are also of the opinion that the finding of title in the plaintiff was against the weight of the evidence. All concur; Edgcomb, J., not sitting.

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Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs. The reversal and dismissal of the complaint [866] are based upon the breach of a warranty or material representation as to unincumbered title. (Hubbard v. Ohio Farmers Ins. Co., 224 App. Div. 249.) We are also of the opinion that the finding of title in the plaintiff was against the weight of the evidence. All concur; Edgcomb, J., not sitting.

Valery v. Allied Fire Insurance, 240 A.D. 865 (N.Y. Ct. App. 1933).

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Opinion

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