NAT. BEN FRANKLIN INS. CO. v. CARECCTA


21 Misc.2d 279 (1959)

National Ben Franklin Insurance Company, Appellant, v. Charles Careccta et al., Doing Business as Locust Auto Body Fender Works, Respondents.

Supreme Court, Appellate Term, First Department.

November 25, 1959.


Attorney(s) appearing for the Case

George I. Janow for appellant.

John C. Corbett for respondents.

Concur — STEUER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Since it appears that Mrs. Rosenthal [wife of the insured] was wearing the watch at the time of the accident, it is obvious that there are only two ways in which its loss can be accounted for, to wit, that it fell off her arm because of the impact of the collision and the overturn of the car, or that it was stolen between the time she came out of the car and the time she discovered its loss in the ambulance...

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