Appellate Terms of the Supreme Court of New York, 1905

Jaeger v. German-American Insurance

Jaeger v. German-American Insurance
Appellate Terms of the Supreme Court of New York · Decided June 26, 1905
94 N.Y.S. 310 (New York Supplement)

Counsel

Argued before SCOTT, P. J., and DUGRO and MacEEAN, JJ. Duer, Strong & Whitehead, for appellant., Steuer & Hoffman, for respondent.

Jaeger v. German-American Insurance

Opinion of the Court

PER CURIAM.

The verdict was against the weight of evidence. It is difficult to believe that the plaintiff was not guilty of both fraud and false swearing. As, however, the defendant did not move to set aside the verdict, we are not required to pass upon the question of preponderance of evidence. The witness Caroline Jaeger was allowed, over the objection of defendant, to testify," “They told me [referring to the piano] it was worth $400.” The exception to the ruling presents reversible error.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.

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