Enthoven v. American Fidelity Co.
New York Supreme Court
Action by Rose Enthoven against the American Fidelity Company of Montpelier, Vt. On motion to.set aside a verdict directed for defendant, and for a new trial.
1Opinion of the CourtFord, J.
This is a motion to set aside a verdict for the defendant, directed by the court at the close of the case, and for a new trial, in an action brought by the beneficiary upon an accident insurance policy on account of the accidental death of the insured. The defense is admitted falsity in the warranties printed upon the policy, which warranties constituted in part the consideration of the contract.
[1] By the plain terms of the policy the defense is perfect; but plaintiff _ seeks by oral testimony to avoid those specific provisions of the policy which preclude a recovery under the admitted…
2Cases cited2 opinions
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Williams v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Gillies v. Preferred Accident InsuranceNew York Supreme Court · 1920