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New York Court of Appeals, 1935

Stone v. Prudential Insurance Co. of America

Stone v. Prudential Insurance Co. of America
New York Court of Appeals · Decided May 28, 1935 · Crane, Lehman, O'Brien, Loughran, Hubbs, Crouch, Finch
196 N.E. 754; 268 N.Y. 91; 1935 N.Y. LEXIS 909 (North Eastern Reporter)

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.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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