Jans v. Workingman's Co-Operative Ass'n of United Insurance League

Majority

p. 247

Christina Jans, Resp’t, v. Workingman’s Co-Operative Association of the United Insurance League of New York, App’lt.

(New York City Court, General Term,

Filed November 20, 1894.)

Headnote

Insurance—Life—Warranty.

Breach of warranty cannot he predicated upon a statement in an application for another policy, where the application for the policy in question contained no such statement.

Appeal from a judgment entered on verdict in favor of plaintiff.

W. B. Donihee, for app’lt; Goldfogle & Cohn, for resp’t.

The action was by the plaintiff, as the beneficiary named in a certain policy of $500, issued by the defendant. The main defense was an alleged breach of warranty contained in the application for insurance, in which the defendant alleges it was stated that the insured, Peter Jans, had not made a previous application for insurance. The only statements of the kind are found in Exhibit Ho. 3 and Exhibit A, and they relate to policy Ho. 22,621, which is marked Ho. lm, and which was issued July 25, 1892. The policy used is marked Exhibit 2, and numbered 1¡267. In the application for this policy there is no statement of any kind which was proved to be untrue. So that the defense of breach of warranty in respect to this policy failed.

The other questions in the case were submitted to the jury under the charge of the court, and the jury found for plaintiff. Their verdict is satisfactorily sustained by the evidence, and the judgment entered thereon must be affirmed, with costs.