Owen v. Metropolitan Life Insurance

The opinion of the court was delivered by

Pitney, J.

This is an action upon a life insurance policy, and the defence is based upon the alleged breach of certain warranties contained in the application for insurance.

The name of the insured was John Henry Owen. The ap*771plication for the policy was dated September 14th, 1901. The policy itself was dated four days later. The insured died November 18th in the same irear. By the terms of the policy the answers and statements contained in the application (a copy of which was annexed as a part of the contract) were made warranties. The application was…