Coulon v. Bowne
New York Supreme Court
This was an action on a policy of insurance, in which a motion was now made for a new trial, and the only questions were on the materiality and construction of the following representation: “ Mr. Coulon is a naturalized citizen, of the United States “ since the year 1794.”
1Opinion of the Court
Lewis, Ch. J.
In Duguet v. Rhinelander,(a) it was decided, in the court of errors, that though the emigration be flagrante ledo, and the naturalization afterwards, it is sufficient to answer the warranty of neutrality in a policy of as surance. *
Lewis, C. J.
Certainly. This bench did think other wise, but their judgment was overruled in the court above and they are bound by that decision.
Pendleton, for the defendant.
The case may be divided into two points. The naturalization of the plaintiff, and the materiality of the representation. On the first point, the question is, what ought to be…
2Cases cited1 opinion
- Duguet v. RhinelanderNew York Supreme Court · 1800
3Cited by2 opinions
- Boardman v. New-Hampshire Mutual Fire-Ins.Superior Court of New Hampshire · 1847
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835