113 N.Y.S. 1031 | N.Y. App. Term. | 1909
Lead Opinion
The defendant in its answer admits “it made and delivered to one Louis Lewinthan a policy of insurance in writing duly executed whereby the defendant did agree to indemnify the said Lewinthan against loss by reason of the liability imposed by law for damages for bodily injuries accidentally suffered while said policy was in force by any person or persons by means of certain team or teams for which a charge was included in the said pre
Judgment affirmed, with costs.
Gildersleeve, J., concurs.
Concurrence Opinion
(concurring). I concur on the ground that, the policy not having been offered in evidence, the defendant is in no position to object that a clause alleged to be contained in it was not complied with by the plaintiff. On the pleadings and testimony presented, I think that the direction of the verdict in favor of the plaintiff was proper.
The judgment appealed from should be affirmed, with costs.
Judgment affirmed, with costs.