Makel v. John Hancock Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The John Hancock Mutual Life Insurance Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered in the office of the clerk of said court on the 26th day of October, 1903.
1Concurrence
Jenks, J. (concurring):
I vote for reversal.
I think that Hooker, J., is right in his views that there was a breach of warranty made by the answer that the assured was the husband of Lena Makel. But I do not base my concurrence upon Gaines v. Fidelity & Casualty Co. (93 App. Div. 524; 87 N. Y. Supp. 821), for the reason that we limited otir judgment in that case to a policy of accident insurance. I prefer to rest my decision upon Jeffries v. Life Ins. Co. (22 Wall. 47). It is true that Hooker, J., writing for the court in Gaines' Case (supra), cited Jeffries’ Case (supra), but the decision in…
2Cases cited4 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Ruoff v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Gaines v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904