Jones v. Commercial Travelers' Mutual Accident Ass'n of America

Majority

p. 576

Henry T. Jones, Respondent, v. The Commercial Travelers’ Mutual Accident Association of America, Appellant.

Headnote

Jones v. Commercial Travelers’ Mut. Acc. Assn., 134 App. Div. 936 , modified.

(Argued February 23, 1911;

decided March 14, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 25, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to set aside for fraud a settlement under a policy of accident insurance, to recover an amount due thereunder, and to enjoin defendant from canceling the same.

Eliphalet W. Tyler and Henry B. Singer for appellant.

William A. Wight for respondent.

p. 577

Judgment modified by striking therefrom the provision awarding the injunction, and as modified affirmed, without costs to either party; no opinion.

Concur: Cullen, Oh. J., Gray, Yann, Werner, Willard Bartlett and Chase, JJ. Absent: Haight, J.