Sanganetti v. Prudential Insurance of America

Judgment and order affirmed, with costs. All concur, except Sears, P. J., who dissents and votes for reversal on the law on the ground that error occurred in charging the requests of the plaintiffs’ counsel to the effect that “ a presumption arises that the age stated in the policy (of life insurance) is the true age; ” and further “ that the presumption arising from the receipt in evidence of the policy and application, that the age stated therein is the true age, and stands until rebutted by evidence which fairly satisfies the jury that the insured was in fact of some other age which would…