Edington v. . Aetna Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiffs, entered upon an order affirming an order denying a motion for a new trial. (Reported below, 13 Hun, 543.) The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiffs, entered upon an order affirming an order denying a motion for a new trial. (Reported below, 13 Hun, 543.) The nature of the action and the facts appear sufficiently in the opinion. The breaches of warranties in the second application vitiated the second policy, notwithstanding any knowledge afforded the company on the subject of the diseases therein warranted against by the first application, and regardless of the question of materiality. (Fitch v. American Pop. L. Ins.…
1Opinion of the Court
Eael.; J,
This action is upon two policies of insurance issued by the defendant upon the life of Wilbur F. Diefcndorf and by him assigned to the plaintiffs. One policy is dated May 17, 1867, and the other May 13, 1868. In each policy it is stated that the “ proposal, answers and declaration ” of Diefendorf of the same date are made part of the policy, as if therein recited, and that if they shall be found in any respect false or fraudulent, then the policy shall be null and void; and in the application for each policy signed by Diefendorf is found the following : “ I do hereby declare and…
2Cases cited1 opinion
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
3Cited by75 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- People v. . KoernerNew York Court of Appeals · 1897
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