Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.
It was improper for the court to have directed a verdict in favor of defendant in this case. There was an issue with respect to actual malice which should have been submitted to the jury.
Glennon and Dore, JJ., dissent and vote to affirm in the following memorandum:
Reading the letter of transmission together with the proof of loss, we think that the trial court...
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