112 Misc. 656 | N.Y. Sup. Ct. | 1920
The defendant insurance company was not required to accede to the request of the plaintiff for an appraisal under the clause in the standard fire insurance policy included between lines 159 and 175.
The evidence presented by the insurance company as to the amount of the loss was not as satisfactory as might be desired but nevertheless it was some evidence with that of the plaintiff to go to the jury upon that subject. It is only in a ease where there is no evidence which means that there is insufficient evidence (Matter of Case, 214 N. Y. 199, 203), that the court is required to nonsuit, direct a verdict or grant a new trial on the minutes. Benoit v. Troy & Lansingburgh R. R. Co., 154 N. Y. 223. It can not be said that the evidence in this case was insufficient. Insufficient evidence would be such evidence from which no reasonable inference could be drawn. Evidence may be loose
Motion denied, with ten dollars costs to abide event.