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ROSENTHAL JEWELRY v. ST. PAUL FIRE INS.

21 A.D.2d 160 (1964)

Herbert Rosenthal Jewelry Corp., Respondent, v. St. Paul Fire and Marine Insurance Company, Appellant

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

April 30, 1964.

Attorney(s) appearing for the Case

Norman S. Rein of counsel (Eugene Wollan and Eugene A. Leiman with him on the brief; Rein, Mound & Cotton, attorneys), for appellant.

Edgar Hills of counsel (Edwards & Gladston, attorneys), for respondent.

STEVENS and STALEY, JJ., concur with BREITEL, J. P., McNALLY, J., dissents in opinion, in which STEUER, J., concurs.

BREITEL, J. P.

At issue is whether certain interest, added in the recovery of the principal in an action at law, should be awarded to plaintiff insured or instead to defendant insurance company. The insurance company had obtained a recovery in the Texas courts on behalf of the insured under a loan receipt taken by it from the insured. A portion of the recovery represented the amount of the previous insurance...

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