General

Harry Mamlok et al., Respondents, v. Richard L. Franklin, Receiver, etc., Appellant

65 N.Y. 556·New York Commission of Appeals·1875·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Harry Mamlok et al., Respondents, v. Richard L. Franklin, Receiver, etc., Appellant. (Argued October 11, 1874; decided January term, 1875.) This was an action upon a policy of insurance issued by the Yonkers and ETew York Fire Insurance Company, of which company defendant is receiver. The policy was upon a stock of goods. The policy stated the distance of the store containing them from other buildings near. The uncontradicted evidence, as the court construed it, showed that the distances to the buildings specified were less than stated in the policy. Held, that this was a breach of warranty, and that the trial court erred in refusing to nonsuit plaintiff. Thos. Yowng for the appellant. Chas. E. Winfield for the respondents. [MAJORITY — Gray, C.,] Gray, C., reads for reversal and new trial. All concur. Judgment reversed.