Legal Opinion

Carrollton Furniture Mfg. Co. v. American Credit Indemnity Co.

Court of Appeals for the Second Circuit

Decided April 15, 1902No. 134PublishedCited by 8 opinions

In Error to the Circuit Court of the United States for the Southern-District of New York.

1Opinion of the Court

WAELACE, Circuit Judge.

The trial judge directed a verdict for the defendant upon the ground that the evidence established the defense of a material misrepresentation in the application for insurance upon which the policy in suit had been issued. The policy insured the plaintiff for one year against losses on sales of merchandise to debtors having a rating “as to capital and credit in the last published book of the R. G. Dun & Company Mercantile Agency”;, recited that it was issued in consideration of the application, “which-is hereby made part of the contract”; and the application warranted…

2Cases cited11 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
  3. Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
  4. Germania Insurance v. RudwigCourt of Appeals of Kentucky · 1882
  5. Mutual Benefit Life Ins. v. Daviess' Ex'rCourt of Appeals of Kentucky · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ettelson v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1943
  2. American Bonding & Trust Co. v. BurkeSupreme Court of Colorado · 1906
  3. Swing v. WellingtonIndiana Court of Appeals · 1909
  4. Garman v. Metropolitan Life Ins.District Court, D. New Jersey · 1947
  5. Wathen v. Public Fire Ins.Court of Appeals for the Second Circuit · 1932

3 more not listed; retrieve them via the Exa API.

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