4 NOTICE OF APPEAL. SUPREME COURT, NEW YORK COUNTY. RUTH F. SIRE, Plaintiff, Defendant. 5 6 SIR: PLEASE TAKE NOTICE that the defendant hereby appeals to the Appellate Division of the Supreme Court of the State of New York, in and for the First Judicial Department, from the judgment in favor of the plaintiff, Ruth F. Sire, and against the defendant, Security Insurance Company of New Haven, Connecticut, for the sum of $33,392.46, which judgment was entered in the office of the Clerk of the County of New York on February 15, 1935, and hereby appeals from the order of the Hon. Julius I. Miller, dated, February 20, 1935, and entered in the office of the Clerk of the County of New York, on February 20, 1935, denying defendant's motion to set aside the verdict rendered by the jury in the trial of this action and hereby appeals from each and every part of said judgment and order. Dated, New York, February 21, 1935. Yours, etc., PRINCE & LOEB, 19 Cedar Street, Borough of Manhattan, City of New York. 9 YOU ARE HEREBY SUMMONED to answer the com- Attorney for Plaintiff, No. 99 Nassau St., City of New York. 10 COMPLAINT. SUPREME COURT, NEW YORK COUNTY. [SAME TITLE.] Plaintiff by her attorney, Bennet E. Siegelstein, for her complaint herein respectfully shows to this Court: 11 1. Upon information and belief that at all of the times hereinafter mentioned the defendant was and still is a foreign corporation organized and existing under and by virtue of the laws of the State of Connecticut. 2. Upon information and belief that at all of the times hereinafter mentioned the defendant was duly authorized to transact business in the State of New York and was duly authorized to issue the policy hereinafter described. 12 3. That at the dates of the issuance of the policy hereinafter described and of the two addenda thereto annexed and made part of the said policy, the plaintiff was the owner and in possession of certain articles of jewelry and personal property mentioned and described in the said policy and two addenda. 4. That on or about the 27th day of November, 1933, the defendant herein duly issued its policy of insurance No. 63-20902 to the plaintiff herein, wherein and whereby the defendant in consideration of the sum of Four hundred thirty-four and 50/100 ($434.50) Dollars premium paid by the plaintiff to the defendant, did insure said plaintiff against all risks of loss or damage in the amount Complaint. 13 14 of Thirty-two Thousand Two Hundred ($32,200) Dollars, for the term of one year from the 22nd day of November, 1933. That in and by the said policy the defendant insured the plaintiff against all risks of loss of or damage to fifteen (15) items of jewelry and personal property described in said policy and valued and appraised for and in behalf of the defendant herein by one Louis Leblang. That thereafter and on or about the 8th day of December, 1933, the defendant herein by addendum dated on that day in consideration of the additional sum of Nineteen and 94/100 ($19.94) Dollars premium paid by the plaintiff to the defendant extended and increased the insurance to Thirty-four Thousand Two Hundred and Fifty ($34,250) That thereafter and on or about the 22nd day of December, 1933, the defendant herein by addendum dated on that day in consideration of the additional sum of Eight and 72/100 ($8.72) Dollars premium paid by the plaintiff to the defendant extended and increased the insurance to Thirty-five Thousand Two Hundred ($35,200) Dollars. Photostatic copies of the said policy of insurance and of addendum dated December 8, 1933, and addendum dated December 22nd, 1933, are annexed to the complaint herein marked “Exhibit A” and made part hereof, as though set out at length. 15 5. That in and by the said policy of insurance, the defendant did promise and agree to make good unto the plaintiff herein for any loss of or damage to the articles of jewelry and personal property described in the said policy and two addenda not exceeding in amount the sum insured as aforesaid, as should happen as therein specified, during the term from the dates set forth in the said policy 16 Complaint. and addenda up to the 22nd day of November, 1934, noon, such loss to be paid within thirty days after notice and proof of loss should be furnished to the defendant. 6. That on or about the 11th day of January, 1934, and while the said policy of insurance was in full force and effect, a hold-up occurred at the residence of the plaintiff and certain articles of jewelry and personal property belonging to the plaintiff, including numerous of the articles covered in the said policy of insurance, were stolen, of the value of Thirty-one Thousand One Hundred and Fifty ($31,150) Dollars. 17 7. That a list of the articles stolen from the plaintiff and covered under the said policy of insurance together with the true and actual value thereof at the time of the loss is annexed hereto marked "Exhibit B” and made part hereof, as though set out at length. 18 8. That said loss was not occasioned by any of the causes or conditions excepted by the said policy of insurance. 9. That at the time said policy of insurance was issued as aforesaid and up to and including the time of such loss, this plaintiff was the true and lawful owner of the jewels and personal property covered and insured by the said policy of insurance and no other person or party had any interest therein or any part thereof. 10. That there was no other insurance upon said property or any portion therof at the time of such loss. |