125 N.Y.S. 257 | N.Y. App. Div. | 1910
Appeal by defendant from a judgment upon a policy of burglar insurance.
The policy upon which it is sought to recover contained certain conditions which it was agreed were to be construed as conditions precedent to any recovery. Among them were the following: That the company should not be liable (1) “ Unless there are visible marks upon the premises of the actual force and violence used in
The judgment should be reversed and a new trial granted, with costs to appellant to abide the event.
Ingraham, P. J., Clarice, Miller and Dowling, JJ., concurred
Judgment reversed, new trial granted, costs to appellant to abide event.