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Arnow v. Fidelity & Deposit Co.

214 A.D. 820 Court N.Y. App. Div. English

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p. 820
Samuel Arnow, Appellant, v. Fidelity and Deposit Company of Maryland, Respondent.

Judgment dismissing the complaint reversed upon the law and the facts, and a new trial granted, with costs to abide the event, upon the ground that we think it was a question for the jury to say whether or not there had been a misrepresentation of fact made by the insured in the answers in the application for the policy. Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ., concur.