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Danker v. Prudential Insurance Company of America

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 527 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Judgment of the City Court of Yonkers and order denying motion to set aside verdict and for a new trial reversed on the law and the facts and a new trial ordered, costs to appellant to abide the event. The trial court correctly charged that the plaintiff "must show affirmatively by a fair preponderance of the evidence that upon the date of the issuance of the policy the insured was in sound health." ( Battah v. Prudential Insurance Co., 151 Misc. 176; Goodfriend v. American Credit Indemnity Co., 217 App. Div. 635, 638; Lee v. Prudential Life Insurance Co., 203 Mass. 299, 301; Greenbaum v. Columbian Nat. Life Ins. Co. of Boston, 62 F. [2d] 56, 58.) We are of opinion that plaintiff's case failed to bear the burden of proof imposed upon him by law. Lazansky, P.J., Kapper, Hagarty, Scudder and Davis, JJ., concur.


Summaries of

Danker v. Prudential Insurance Company of America

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 527 (N.Y. App. Div. 1934)
Case details for

Danker v. Prudential Insurance Company of America

Case Details

Full title:CHARLES W. DANKER, as Administrator, etc., of AGNES DANKER, Deceased…

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

Date published: Dec 1, 1934

Citations

243 App. Div. 527 (N.Y. App. Div. 1934)

Citing Cases

Bomwell v. Commercial Casualty Insurance Company

This was error. ( Battah v. Prudential Insurance Co., 151 Misc. 176, and cases cited therein; Danker v.…