Rakov v. Bankers Life Insurance — 225 N.Y. 721

Majority

p. 721

Herman Rakov, Appellant, v. Bankers Life Insurance Company of the City of New York, Respondent.

Headnote

Rakov v. Bankers Life Ins. Co. of N. Y. City, 176 App. Div. 918 , affirmed.

(Argued February 4, 1919;

decided February 25, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 22, 1917, affirming a judgment in favor of defendant entered upon a verdict directed by the court in an action upon a policy of fife insurance. The defense was that the insured had falsely represented in her application for insurance that she had never been rejected for insurance by another company.

p. 722

John F. Nash for appellant.

C. V. Byrne for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound and McLaughlin, JJ. Not voting: Andrews, J.