Malara v. Prudential Insurance Co. of America
Appellate Division of the Supreme Court of the State of New York
Appeal in the first action by the defendant, The Prudential Insurance' Company Of America, from a judgment of the .City Court of Yonkers in favor of the plaintiff, entered in the office of the clerk of said court on the 7th day of March, 1911, upon the verdict of a jury,, and also from an Order entered. in said clerk’s office on the 15th day of March; 1911, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal in the first action by the defendant, The Prudential Insurance' Company Of America, from a judgment of the .City Court of Yonkers in favor of the plaintiff, entered in the office of the clerk of said court on the 7th day of March, 1911, upon the verdict of a jury,, and also from an Order entered. in said clerk’s office on the 15th day of March; 1911, denying the defendant’s motion for a new trial made upon the minutes. Appeal' in the second action by the defendant, The Prudential Insurance Company of America, from, a judgment of the -City .Court of Yonkers' in favor of the plaintiff,…
1Opinion of the Court
Per Ouriam:
While each of these cases is distinct from the other, they were tried by the same attorneys and the questions presented are substantially the same. They were submitted together, and but one discussion seems to be necessary. The plaintiffs in both eases seek to recover upon industrial insurance policies, one of them on the basis of the payment of ten cents per week and the other upon twenty-five cents per week, and the defense in both cases is that there were misrepresentations of material facts in the • applications; that the applicants warranted the representations that they were…
2Cited by1 opinion
- Smith v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1911