Flynn v. Equitable Life Assurance Society
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The action was brought to recover the amount of a policy of ■ insurance, issued upon the life of the plaintiffs’ intestate by the defendant. The defense was a breach of warranty, in that certain answers to questions contained in the application were untrue.
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Appeal from a judgment in favor of the plaintiffs, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The action was brought to recover the amount of a policy of ■ insurance, issued upon the life of the plaintiffs’ intestate by the defendant. The defense was a breach of warranty, in that certain answers to questions contained in the application were untrue. It appeared that one Corey, an agent of defendant, doing business in the city of New York, wrote to one Dr. Vodder, a medical…
1Opinion of the Court
Per Ouriam:
When this case was before the Court of Appeals, it was held, as a matter of law, that, upon the evidence, Dr. Vedder was not the agent of the company in reference to the application, and that therefore the company was not bound by anything- he did in reference thereto. (67 N. Y., 500.) In coming to this conclusion the court say, in regard to Corey, the agent of the defendant, that it does not appear where he resided, how extensive his powers were; that the utmost that can be claimed is, that he was an agent to solicit and take applications for insurance. Again, the court say that…
2Cases cited1 opinion
- Flynn v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1876