Bowen v. Preferred Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. The Preferred Accident Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of July, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the Utli day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action is to recover upon a policy of accident insurance issued by the defendant upon the life of the husband of the plaintiff. *343The defense was that the assured stated and warranted in his application for the insurance that at the time thereof he was sixty years of age at his nearest birthday, and no more, which warranty was untrue and then known by the assured to be untrue, in that at the time of such application he was upwards of sixty-two years of age; and, further, that no action was begun upon the policy within the time limitation expressed therein. At the close of the…
2Cases cited3 opinions
- Queen v. HepburnSupreme Court of the United States · 1813
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Connecticut Mutual Life Insurance v. SchwenkSupreme Court of the United States · 1877
3Cited by5 opinions
- Bowen v. Preferred Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Kass v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1937
- People v. LammesAppellate Division of the Supreme Court of the State of New York · 1924
- Bowen v. Preferred Acc. Ins.Appellate Division of the Supreme Court of the State of New York · 1903
- People v. LammesAppellate Division of the Supreme Court of the State of New York · 1924