Feinstein v. Massachusetts Bonding & Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Massachusetts Bonding and Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 31st day of October, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
The policy of burglary insurance upon which the plaintiffs have recovered the judgment appealed from provided that the agreement to indemnify was made in part in consideration of the statements in a schedule embodied in the contract “ which statements the Assured makes on the acceptance of this policy and warrants to be true.” One of these warranties was that: “No application for such insurance has *234been declined, policy cancelled or renewal refused other than is herein stated — None.” The policy was issued on February 1, 1917. The uncontradicted evidence established that in January…
2Cases cited4 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Ames v. . Manhattan Life Insurance Company of New YorkNew York Court of Appeals · 1901
- Wolowitch v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Justry v. Northern InsuranceCity of New York Municipal Court · 1934