Kawczynski v. Prudential Insurance Co. of America

Judgment reversed on the facts and new trial granted, with costs to the appellant to abide the event, on the ground that the finding of the jury that the insured was in sound health on the date of the policy, April 10, 1933, is against the weight of the evidence. Two theories of recovery were submitted to the jury and the general verdict leaves it inconclusive as to the theory upon which the verdict was founded. A reversal must be had if either theory is unsupported by adequate evidence. (Tryon v. Willbank, 234 App. Div. 335; Cohen v. Jaffe, 218 id. 259; Perham v. Cottle, 98 Misc. 48; affd.,…