Murphy v. Colonial Life Insurance Co. of America
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, rendered in favor of the plaintiff after a trial by the court without a jury.
1Opinion of the CourtSeabury, J.
This action is brought upon an industrial life insurance policy for $360, the premium upon which was payable weekly. As a defense the defendant claims that the policy was procured by false and fraudulent representations contained in the application for the policy. The alleged fraud consists in the answer “No ” to the question in the application blank, “ Is the proposed now insured in any other company, association or society, and if so for what amount? ” The application was not indorsed on the policy or *476attached thereto, and for that reason the learned court below excluded evidence as to the…
2Cases cited5 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Becker v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Powell v. F. C. Linde Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Powell v. . F.C. Linde CompanyNew York Court of Appeals · 1902
- Aaronson v. New York Life InsuranceNew York Supreme Court · 1913
3Cited by4 opinions
- Mees v. Pittsburgh Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Moore v. Prudential Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Archer v. Equitable Life Assur. SocietyAppellate Division of the Supreme Court of the State of New York · 1915
- Murphy v. Colonial Life Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1914