SAKS v. FID. & DEPOSIT CO. OF MARYLAND


281 A.D. 944 (1953)

Eli A. Saks, Respondent, v. Fidelity and Deposit Company of Maryland, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 11, 1953.


Judgment modified on the law and facts in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.

Memorandum:

The evidence presented a question of fact as to whether the records relating to the loss of November 30, 1949, were kept in such a manner that the company could accurately determine therefrom the amount of the loss suffered as the result of that robbery. The jury's affirmative answer to that question is...

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