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Aldridge v. Ætna Life Insurance

156 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1916-01-22 English

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p. 1113
Alfred E. ALDRIDGE, appellant, v. ÆTNA LIFE INSURANCE CO., respondent.
(Supreme Court, Appellate Division, Fourth Department.
January 22, 1916.)

Judgment affirmed, with costs. All concur, except KRUSE, P. J„ who dissents upon the ground that it should not be held as a matter of law that the untruthful statement with reference to plaintiffs 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.