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Aldridge v. Ӕtna Life Insurance

172 A.D. 941 Court N.Y. App. Div. English

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p. 941
Alfred E. Aldridge, Appellant, v. Ӕtna Life Insurance Company, Respondent.

Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented upon the ground that it should not be held as a matter of law that the untruthful statement with reference to plaintiff’s having received medical attention is a warranty, in view of the fact that it was not contained in the copy of the application which was attached to the policy.