Stone v. Prudential Insurance Co. of America

New York Court of Appeals
Stone v. Prudential Insurance Co. of America, 196 N.E. 754 (N.Y. 1935)
268 N.Y. 91; 1935 N.Y. LEXIS 909
Crane, Lehman, O'Brien, Loughran, Hubbs, Crouch, Finch

Stone v. Prudential Insurance Co. of America

Opinion of the Court

Per Curiam.

Some of the answers in the applications for insurance being palpably false, and such answers being a part of the applications which would have been incorporated in due course in the policies, it follows that the judgments in favor of the plaintiff should be reversed and the complaint dismissed, with costs in all courts. (See Axelroad v. Metropolitan Life Ins. Co., 267 N. Y. 437, decided May 21, 1935.)

Crane, Ch. J., Lehman, O’Brien and Loughran, JJ., concur; Hubbs, Crouch and Finch, JJ., dissent.

Judgments reversed, etc. (See 268 N. Y. 630.)

Reference

Full Case Name
Grace E. Stone, as Administratrix of the Estate of Bernice B. Stone, Deceased, Respondent, v. the Prudential Insurance Company of America, Appellant
Cited By
4 cases
Status
Published