Rohrschneider v. Knickerbocker Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The action ivas brought to recover damages for alleged fraud. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The action ivas brought to recover damages for alleged fraud. The facts appear sufficiently in the opinion. Plaintiff had a cause of action, resulting from fraud and false representations, and was entitled to damages, independent of the question whether she had rescinded the contract or not. (Kerr on Fraud or Mistake, 110, 330; Bliss on Life Insurance, 462; Haight v. Hoyt, 19 N. Y., 472; Lisnar v.…
1Per curiam
Upon the former hearing of this cause, an obscure but very material interlineation in the printed case was overlooked, and we were thus led into error. We have reconsidered the case, and, by reading the evidence as corrected by the interlineation, have reached a different conclusion.
In 1867, and prior thereto, the defendant caused certain advertisements to be published in German newspapers, printed in the city of New York, and also caused German pamphlets to be published and circulated, for the purpose of inducing German speaking péople to insure with it. Among other things, it was…
2Cited by9 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- Dresser v. Hartford Life InsuranceSupreme Court of Connecticut · 1908
- Benedict v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Dougherty v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1932
- Benedict v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901
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