General
H. Allen Wagener, Respondent, v. The Fidelity and Casualty Company of New York, Appellant
188 N.Y. 640·New York Court of Appeals·1907·NY
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Opinion
H. Allen Wagener, Respondent, v. The Fidelity and Casualty Company of New York, Appellant.
(Submitted May 9, 1907;
decided May 28, 1907.)
Wagener v. Fidelity & Casualty Co., 114 App. Div. 916, affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a policy of accident insurance.
John Gillette for appellant.
M. A. I.,eary for respondent.
[MAJORITY]
Judgment affirmed, with costs; no opinion.
Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.