Mowry v. . Rosendale
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of defendant, entered upon an order dismissing the complaint on trial, and granting a new trial. This action was originally commenced against the World Mutual Life Insurance Company, upon a policy issued by said company to plaintiff upon the life of Nelson H. Mowry.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of defendant, entered upon an order dismissing the complaint on trial, and granting a new trial. This action was originally commenced against the World Mutual Life Insurance Company, upon a policy issued by said company to plaintiff upon the life of Nelson H. Mowry. The defense was a breach of warranty, which was based upon alleged false statements in the written application for insurance. The present defendant haying been appointed receiver of said…
1Opinion of the CourtHand, J.
Whether the evidence authorized the jury to find all the statements made in the written application, and relied upon by the defendant as warranties to be in fact true, it is not necessary to decide, in the view we take of this case.
The principle, that if the statements in the application, relied upon as breaches of warranty are inserted by the agent for the insurers without any collusion or fraud upon the part of the insured, the insurer is estopped from setting up their error or falsity as breach of warranty, seems now well settled. (Baker v. Home Life Ins. Co., 64 N. Y., 648; Maher v.…
2Cases cited2 opinions
- Baker v. . Home Life Insurance CompanyNew York Court of Appeals · 1876
- Rowley v. Empire InsuranceNew York Court of Appeals · 1867
3Cited by12 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Miller v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1887
- Germania Life Insurance v. LunkenheimerIndiana Supreme Court · 1891
- Sawyer v. Equitable Accident Ins.U.S. Circuit Court for the District of Eastern Wisconsin · 1890
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