Appellate Division of the Supreme Court of New York, 1914

Shears v. Mutual Life Insurance

Shears v. Mutual Life Insurance
Appellate Division of the Supreme Court of New York · Decided December 15, 1914
166 A.D. 900; 151 N.Y.S. 1144
Shears v. Mutual Life Insurance

Opinion of the Court

Judgment and order reversed and new trial granted, costs to abide the event. Decedent’s statements as to his previous illness and as to the physicians that he had consulted within five years prior to his application for insurance were material representations, were false, and the evidence discloses that they must have been known to him to be false. If no additional evidence respecting these matters shall be given upon the new trial, defendant will be entitled to a verdict. Burr, Thomas, Stapleton, Rich and Putnam, JJ., concurred.

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