Ward v. Employers' Liability Assurance Corp.

New York Supreme Court

Ward v. Employers' Liability Assurance Corp.

168 Misc. 115, 5 N.Y.S.2d 273, 1938 N.Y. Misc. LEXIS 1687

DecidedMay 13, 1938

StatusPublished

This text of 168 Misc. 115 (Ward v. Employers' Liability Assurance Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. Employers' Liability Assurance Corp., 168 Misc. 115, 5 N.Y.S.2d 273, 1938 N.Y. Misc. LEXIS 1687 (N.Y. Super. Ct. 1938).

Pincite

Opinion

Per Curiam.

The original policy was procured on misrepresentation both as to ownership of the business and a previous burglary which occurred just previous to its issuance. Warranties made at the issuance of an original policy continue binding during the period of renewal but relate only to conditions existing at the time they were made. The evidence does not show any change was intended. Defendant was accordingly entitled to dismissal or direction of a verdict under its motions duly made.

Judgment reversed, with thirty dollars costs, and judgment-directed for defendant.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Per Curiam.

The original policy was procured on misrepresentation both as to ownership of the business and a previous burglary which occurred just previous to its issuance. Warranties made at the issuance of an original policy continue binding during the period of renewal but relate only to conditions existing at the time they were made. The evidence does not show any change was intended. Defendant was accordingly entitled to dismissal or direction of a verdict under its motions duly made.

Judgment reversed, with thirty dollars costs, and judgment-directed for defendant.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Bluebook (online)

168 Misc. 115, 5 N.Y.S.2d 273, 1938 N.Y. Misc. LEXIS 1687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-employers-liability-assurance-corp-nysupct-1938.