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Rutstein v. United States Fire Ins. Co. of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1928
225 App. Div. 763 (N.Y. App. Div. 1928)

Opinion

December, 1928.


Judgment affirmed, with costs. No opinion. Lazansky, P.J., Hagarty, Seeger and Carswell, JJ., concur; Young, J., dissents, being of opinion that the misrepresentation was immaterial. The factory number and the motor number were correctly given in the policy. The car was also correctly stated to be a master six Buick. The only mistake was that the car was described as a model 25-50 seven-passenger sedan when in fact it was a model 25-51 five-passenger sedan. The factory number and the motor number given in the policy were sufficient for identification.


Summaries of

Rutstein v. United States Fire Ins. Co. of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1928
225 App. Div. 763 (N.Y. App. Div. 1928)
Case details for

Rutstein v. United States Fire Ins. Co. of N.Y

Case Details

Full title:JACOB RUTSTEIN, Appellant, v. UNITED STATES FIRE INSURANCE COMPANY OF NEW…

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

Date published: Dec 1, 1928

Citations

225 App. Div. 763 (N.Y. App. Div. 1928)