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SAKS v. FID. & DEPOSIT CO. OF MARYLAND

306 N.Y. 796 (1954)

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

Court of Appeals of the State of New York.

Decided March 4, 1954

Attorney(s) appearing for the Case

Mark N. Turner for appellant-respondent.

George M. Donohue and Albert E. Moss for respondent-appellant.

LEWIS, Ch. J., CONWAY, DESMOND, FULD and FROESSEL, JJ., concur; DYE and VAN VOORHIS, JJ., dissent.

Per Curiam.

In our view the jury could properly have made the finding — implicit in its verdict — that the cash register tape for December 10, 1949, which indicated plaintiff's sales for that date to have been $117.62, constituted a sufficient record, within the meaning of the policy of burglary insurance, to support its verdict for the loss occurring on that date. Deducting from the amount indicated above...

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