Campanaro v. Prudential Insurance Co. of America

Judgment and order of the City Court of Yonkers reversed on the law and the facts and a new trial ordered, costs to appellant to abide the event, on the ground that the prima facie ease made by the plaintiff, by the offering of the policy in evidence, was overcome when substantial evidence was offered by the defendant to the effect that the age of the insured was eleven years greater than that stated in the policy. (Potts v. Pardee, 220 N. Y. 431, 433.) The plaintiff offered no further evidence, as she might have done by showing the age of the insured by competent witnesses and by information…