Dwight v. . Germania Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the January term, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought by plaintiffs, as executors of the will of Walton Dwight, deceased, upon a policy of insurance issued by defendant upon the,life of their testator.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the January term, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought by plaintiffs, as executors of the will of Walton Dwight, deceased, upon a policy of insurance issued by defendant upon the,life of their testator. The facts, so far as material to the questions discussed, are stated in the opinion. The policy in suit, with the application therefor, together constituted the contract of insurance between Walton…
1Opinion of the Court
Ruger, Ch. J.
At the close of the evidence on the trial the defendant moved for a dismissal of the complaint upon the ground, among others, that the uncontradicted evidence showed that the answers made by the assured, to certain questions in the application for insurance were false and untrue, and constituted a breach of warranty which avoided the contract. The trial court denied the motion and the defendant excepted. A further motion was then made for the direction of a verdict in favor of the defendant upon the same grounds, which was also denied by the court, and an exception taken thereto.
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2Cases cited13 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- The People v. . CookNew York Court of Appeals · 1853
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3Cited by136 opinions
- Stainless, Inc. v. Employers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
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