Charlton v. . Metropolitan Life Insurance Company
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1922, affirming a judgment of the City Court of Yonkers in favor of plaintiff entered upon a verdict. The action was to recover upon a policy of life insurance. The defense was that insured had made false statements in his application for insurance.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1922, affirming a judgment of the City Court of Yonkers in favor of plaintiff entered upon a verdict. The action was to recover upon a policy of life insurance. The defense was that insured had made false statements in his application for insurance. The Appellate Division held that under the provisions of section 58 of the Insurance Law a false representation is not a warranty unless fraudulently made and, a jury having found on conflicting evidence that…
1Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.
2Cited by3 opinions
- Travelers Insurance v. SnydeckerNew York Supreme Court · 1926
- Grubiak v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Kwiatkowski v. Brotherhood of American YeomenAppellate Division of the Supreme Court of the State of New York · 1926