Frankel v. United States Casualty Co.

Appellate Terms of the Supreme Court of New York

Frankel v. United States Casualty Co.

115 N.Y.S. 631

Appellate Terms of the Supreme Court of New York·Decided March 17, 1909·Published

Opinion

MacLEAN, J.

Inasmuch as the blanks upon the back of the policy for warranties were neither signed by the applicant nor even filled out by anybody, the policy cannot be voided for breach of warranty, nor this judgment reversed therefor, although the plaintiff respondent truly, but surely by inadvertence, in his brief premises the assured had warranted that he carried no other accident insurance and had made no other application for other insurance.

The judgment should be affirmed, with costs.

GILDERSLEEVE, P. J., concurs. DAYTON, J., concurs in result.

Free access — add to your briefcase to read the full text and ask questions with AI

MacLEAN, J.

Inasmuch as the blanks upon the back of the policy for warranties were neither signed by the applicant nor even filled out by anybody, the policy cannot be voided for breach of warranty, nor this judgment reversed therefor, although the plaintiff respondent truly, but surely by inadvertence, in his brief premises the assured had warranted that he carried no other accident insurance and had made no other application for other insurance.

The judgment should be affirmed, with costs.

GILDERSLEEVE, P. J., concurs. DAYTON, J., concurs in result.

Frankel v. United States Casualty Co., 115 N.Y.S. 631 (N.Y. Ct. App. 1909).

Pincite

115 N.Y.S. 631 (Frankel v. United States Casualty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.