Barteau v. Phœnix Mutual Life Insurance
New York Supreme Court
THIS is an appeal from an order denying a new trial on the minutes of the court; also an appeal from the judgment in favor of the plaintiff on the verdict of the jury ; and there is also an appeal from an order of the Special Term denying a motion for a new trial on the ground of newly discovered evidence.' The action was brought upon a policy of insurance, issued by the defendants, upon the life of Joseph B. Althouse, the plaintiff’s testator.
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THIS is an appeal from an order denying a new trial on the minutes of the court; also an appeal from the judgment in favor of the plaintiff on the verdict of the jury ; and there is also an appeal from an order of the Special Term denying a motion for a new trial on the ground of newly discovered evidence.' The action was brought upon a policy of insurance, issued by the defendants, upon the life of Joseph B. Althouse, the plaintiff’s testator. The policy was for $2,000, and bore date July 29th, 1867. Althouse died June 14th, 1868. The defence was an alleged breach of warranty, and fraud in…
1Opinion of the Court
By the Court, Bockes, J.
In the application for assurance, signed by Althouse, and which formed the basis of action by the company in issuing the policy, it was declared that his answers to the questions thereby propounded to him were fair and true ; and that any untrue or fraudulent answers or suppressions of fact should render the policy null and void. Among the questions then put to him was this; whether he ever had paralysis? He answered, “Ho.” This question was one of undoubted importance. It called for information as to a disease subtle in character, and the more alarming and hazardous…
2Cases cited6 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Peacock v. . New York Life Insurance CompanyNew York Court of Appeals · 1859
- Higbie v. . Guardian Mutual Life Insurance Co. of New YorkNew York Court of Appeals · 1873
- Horn v. Amicable Mutual Life InsuranceNew York Supreme Court · 1872
- Higbee v. Guardian Mutual Life InsuranceNew York Supreme Court · 1873
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