Bernard v. United Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal by. the defendant from a judgment of the General Term of the City Court, affirming a judgment for the plaintiff, which was rendered at Trial Term upon a verdict directed by the court. Action by the beneficiary against the insurer, upon a policy of life insurance; the defense litigated being the breach of the insured’s warranty of the truth of-certain answers to material questions propounded in the application upon which the policy was issued.
1Concurrence
Daly, P. J. (concurring.)
The value of such a stipulation as that contained in.the policy, by which an agent of the company, acting throughout within the scopé of his authority, is. nevertheless .by a stipulation in the agreement between the compáhy and its customer 'declared to be the agent of the latter, has been lately discussed by the. Supreme Court of this State. Will v. Postal Tel. C. Co., 3 App. Div. 22. That was a case of a telegraphic message, sent to the plaintiffs from the office of the company by one of its' messengers, with instructions to wait for an answer. The answer was…
2Cases cited1 opinion
- Will v. Postal Telegraph Cable Co.Appellate Division of the Supreme Court of the State of New York · 1896