Clare v. New York Safety Reserve Fund L. Ins. Co.

Full title: Mary Clare, Respondent, v. New York Safety Reserve Fund Life Insurance…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 1905

108 App. Div. 358 (N.Y. App. Div. 1905)

Opinion

October, 1905.

Judgment and order reversed and new trial ordered, with costs to the appellant to abide event, upon questions of law only, the facts having been examined and no error found therein. Held, that the answer of "No occasion" to the question in the application constituted a breach of warranty, which bars a recovery. All concurred, except Williams, J., who dissented.