Boos v. . World Mutual Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 4 Hun, 133.) This was an action upon a policy of life insurance, issued by defendant in March, 1870, on the life of "Valentine Boos, plaintiff’s assignor, and also to recover a payment of premium made after the death of the insured. Boos died abroad.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 4 Hun, 133.) This was an action upon a policy of life insurance, issued by defendant in March, 1870, on the life of "Valentine Boos, plaintiff’s assignor, and also to recover a payment of premium made after the death of the insured. Boos died abroad. Plaintiff paid the last premium after his death, the company promising to pay it back if he was dead. The defence was breaches of warranty. It was stated in the policy…
1Opinion of the CourtRapallo, J.
Two of the points upon which the appellant relies on this appeal, viz., the falsity of the statement of the assured, that his occupation was that of a gardener, and the falsity of the statement that Dr. Hertzog was his family physician, do not appear to have been taken at the trial.
The motion to dismiss the complaint was based upon two grounds only, viz., that a breach of warranty had been shown in the answers to the questions as to whether the assured had had any of the diseases, etc., mentioned in the questions; also that the evidence was uncontradicted as to his having had pneumonia and…
2Cited by45 opinions
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Levy v. CooganNew York Court of Common Pleas · 1890
- Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
- Collier v. . CollinsNew York Court of Appeals · 1902
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