Singleton v. Prudential Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Prudential Insurance Company of America, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 27th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Saratoga, and also from an order entered in said clerk’s office on the 9th day of May, 1896, denying the defendant’s motion for a new…
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Appeal by the defendant, The Prudential Insurance Company of America, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 27th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Saratoga, and also from an order entered in said clerk’s office on the 9th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Landon, J.:
The action was to recover upon a policy of life insurance issued by defendant to John Chite insuring his life in the sum of $500. The defense was the falsity of the representations made by the insured in his application and in response to the questions of the defendant’s medical examiner. The policy makes the application a part of the contract, and provides that if the representations in the application are not true the policy shall he void. The application declares and warrants that the answers to the questions therein, as well as those made or to be made to the medical examiner,…
2Cases cited5 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Boehm v. Commercial Alliance Life InsuranceNew York Supreme Court · 1894
3Cited by3 opinions
- New York Life Insurance v. HollenderCalifornia Supreme Court · 1951
- Hamilton v. Fidelity Mut. Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- New York Life Insurance v. HollenderCalifornia Supreme Court · 1951