Koffler v. Rubin

127 N.Y.S. 1128 | N.Y. App. Term. | 1911

PER CURIAM.

In our opinion the weight of testimony is with the defendant. Moreover, there was no consideration for defendant’s promise (which is denied) to pay one-half of bis commission to plaintiff for refraining from interfering to prevent the adjustment by defendant ; the defendant having been retained by the insured to adjust the loss. The judgment is reversed, and the complaint dismissed, with costs to appellant in this court and in the court below.