Waldman v. Medical Protective Co. of Fort Wayne

Appellate Division of the Supreme Court of New York

Waldman v. Medical Protective Co. of Fort Wayne

235 A.D. 857

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1932·Published

Opinion

Order denying plaintiff’s motion to strike out the first separate defense affirmed, with ten dollars costs and disbursements. We are of opinion that the defense is sufficient in law (Pacific Mut. Life Ins. Co. v. Vogel, 232 Fed. 337), and that in the absence of sufficient evidence from the plaintiff from which may be found a valid acceptance of the policy before the date of the claimed cancellation, the defense would be complete. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.

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Order denying plaintiff’s motion to strike out the first separate defense affirmed, with ten dollars costs and disbursements. We are of opinion that the defense is sufficient in law (Pacific Mut. Life Ins. Co. v. Vogel, 232 Fed. 337), and that in the absence of sufficient evidence from the plaintiff from which may be found a valid acceptance of the policy before the date of the claimed cancellation, the defense would be complete. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.

Waldman v. Medical Protective Co. of Fort Wayne, 235 A.D. 857 (N.Y. Ct. App. 1932).

Pincite

235 A.D. 857 (Waldman v. Medical Protective Co. of Fort Wayne) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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