Smith v. . United States Casualty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 13, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover the sum of $5,000, the amount of an accident insurance policy, upon the allegation that the insured was killed by the accidental discharge of a gun while hunting.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 13, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover the sum of $5,000, the amount of an accident insurance policy, upon the allegation that the insured was killed by the accidental discharge of a gun while hunting. The defendant pleaded a breach of warranty and other defenses. The further material facts are stated in the opinion. There was a breach of warranty as to the…
1Opinion of the CourtVann, J.
The subject of this action is an accident insurance policy, dated Yovember 2nd, 1901, which refers to the application as a part thereof, and to the warranties therein contained as part of the consideration of the contract. The application, addressed to the defendant, was signed by the insured under the name of “ Maurice W. Mansfield,” and the first declaration therein is the following: “ I hereby apply for an accident insurance policy to be based on the following statements, which I warrant to be complete and true: (a) My full name is Maurice W. Mansfield.” The name alone was in writing, the…
2Cases cited5 opinions
- In re SnookNew York Court of Common Pleas · 1859
- Cooper v. BurrNew York Supreme Court · 1865
- Binfield v. StateNebraska Supreme Court · 1884
- Hommel v. DevinneyMichigan Supreme Court · 1878
- England v. New York Publishing Co.New York Court of Common Pleas · 1878
3Cited by85 opinions
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- In re HalliganAppellate Division of the Supreme Court of the State of New York · 1974
- Secretary of the Commonwealth v. City Clerk of LowellMassachusetts Supreme Judicial Court · 1977
- Gubernat v. DeremerSupreme Court of New Jersey · 1995
- Laks v. LaksCourt of Appeals of Arizona · 1975
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