Losie v. Royal Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Royal Indemnity Company, from an order of the Supreme Court, made at the Tompkins Special Term and entered in the office of the clerk of the county of Chemung on the 2d day of April, 1917, granting plaintiff’s motion for a further bill of particulars and precluding defendant from giving evidence on the trial of such matters unless the bill of particulars is served as directed.
1Opinion of the Court
Cochrane, J.:
This is an action on a policy of insurance issued by the defendant on the life of Arthur T. Losie. The defendant interposed an amended answer wherein as a fifth defense it was alleged that the policy of insurance was based on an application containing a warranty that Mr. Losie had not obtained medical or surgical advice for seven years except from an oculist and that said warranty was false and that the policy was, therefore, void.
On motion of the plaintiff an order was made directing the defendant to serve a bill of particulars stating among other things the name and address of…
2Cases cited5 opinions
- People v. . McClellanNew York Court of Appeals · 1908
- Matthews v. . HubbardNew York Court of Appeals · 1872
- Reader v. HagginAppellate Division of the Supreme Court of the State of New York · 1906
- Ferris v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- City of Rochester v. McDowellNew York Supreme Court · 1891
3Cited by6 opinions
- Burke v. BrownNew York Supreme Court · 1943
- Krstulja v. KrstuljaNew York Supreme Court · 1951
- Thoma v. KoeppenCity of New York Municipal Court · 1930
- Schlank v. East River Savings BankAppellate Division of the Supreme Court of the State of New York · 1947
- Shalom v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1931
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