111 N.Y.S. 882 | N.Y. App. Div. | 1908
The defendant appeals from a judgment for the damages alleged to have been sustained by plaintiffs from a burglary against which defendant had issued a policy of insurance. The plaintiffs failed to prove by any sufficient evidence the value of the goods alleged to have been stolen. The testimony upon that point was most vague and indefinite. Among the conditions of the policy was one which relieved the defendant from liability “ if the'books and accounts of the assured and daily tally of money are not so kept that the actual
Ingraham, McLaughlin, Laughlin and Houghton, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellant-to abide event.