Appellate Division of the Supreme Court of New York, 1944

Nichols v. Jamestown Mutual Insurance

Nichols v. Jamestown Mutual Insurance
Appellate Division of the Supreme Court of New York · Decided November 1, 1944
268 A.D. 949; 51 N.Y.S.2d 454; 1944 N.Y. App. Div. LEXIS 4358
Nichols v. Jamestown Mutual Insurance

Opinion of the Court

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: This record discloses no liability to the plaintiff in his individual capacity and the finding of apparent authority in the claim adjuster is, in our judgment, against the weight of evidence. All concur. (The judgment is for plaintiff in an action for breach of contract.) Present — Cunningham, P. J., Taylor, Dowling, McCurn and Larkin, JJ.

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