Gaines v. . Fidelity Casualty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1906, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1906, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Error was committed by the Appellate Division in affirming the finding of the jury on the assumption that the jury had answered the second question submitted to it, viz.: Was the deceased intentionally killed, in the affirmative, as, if the jury had so found it should,…
1Opinion of the CourtGuay, J.
The policy in question insured Ulysses Gaines against bodily injury, resulting in death, in the sum of $2,000. It stated that the defendant insured him “ in consideration of * * * the statements in the schedule hereinafter contained, which statements the insured makes on the acceptance of this policy and warrants to be true.” The warranties con- tamed in the schedule of the policy included the statement, in answer to a question as to the “ relationship ” of this plaintiff, whom the insured had named as the payee, that she was his wife. The assured was killed by a pistol shot, fired by…
2Cases cited2 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Lawrence v. . ElyNew York Court of Appeals · 1868
3Cited by11 opinions
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Chitwood v. Prudential InsuranceSupreme Court of Virginia · 1965
- Baumann v. . Preferred Accident Ins. Co.New York Court of Appeals · 1919
- Levine v. Aetna Ins.Court of Appeals for the Second Circuit · 1943
- Continental Casuality Co. v. LindsaySupreme Court of Virginia · 1910
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