532 487 483 396 176 The People ex rel. Stephens et al. v. .... 510 Van Etten v. Hasbrouck.. Van Horne, admrx., v. The B., H. T. & 195 283 338 268 ... 539 TABLE OF CASES REPORTED IN THE FIRST TWENTY-FIVE VOLUMES WHICH HAVE BEEN ACTED UPON BY APPELLATE COURTS. XXV, 183 5 8 XXV, 129 Anderson v. Goldschmidt, XXIII, 118, .XXV, 59 Haag v. Hillemeyer, XXV, 34, Affirmed, Dec. 17, 1886. No opinion. Hickey v. Taaffe, XIX, 67, Reversed. March 8, 1887. Hinman v. Hare, XIX, 441, Reversed, Jan. 18, 1887. Hinz v. Starin, XXIV, 558, Appeal dismissed, Dec. 17, 1886. No opinion. Holcombe v. Munson, XXI, 48, Affirmed, Nov. 30, 1886. No opinion. Hubbell v. The City of Yonkers, XXI, 243, Reversed, March 1, 1887. In re accounting of Connor, XXIV, 217, Affirmed, March 8, 1887. No opinion. In re accounting of Gerry, XXII, 22, Affirmed...... .XXV, 135 In re accounting of Huntington, XXII, 60, Affirmed, Nov. 23, 1886. No opinion. In re accounting of Kellogg, XXIII, 272, Affirmed..... .XXV, 294 In re application of The S. I. RR. Co., XXIV, 497, Appeal dismissed, Feb. 11, 1887. No opinion. In re estate of Place, XXV, 479, Af- In re will of Deunin, XXIII, 22, Af- Kennedy v. Hoy, XXIII, 438, Affirmed, March 22, 1887. Lawrence v. Cook, XIX, 257, Reversed, March 8, 1887. No McCallum v. The L. I. RR. Co., XXIII, 251, Affirmed, Dec. 17, 1886. opinion. Miller v. Woodhead, XXII, 58, Reversed, March 1, 1887. Moller v. Duryea, XXI, 458, 459, Affirmed, Nov. 23, 1886. No opinion. Monk v. The Town of New Utrecht, XXIII, 112, Reversed, March 1, 1887. Morse v. The N. Y. C & H. R. RR. Co.. XXIII, 469, Affirmed, Dec. 17, 1886. No opinion. Nearpass v. Gilman, XXI, 86, Affirmed.. XXV, 459 O'Dea v. Norcross, XXII, 516, Affirmed, Jan. 18, 1887. No opinion. Phelps v. Borland, XVII, 550, 556, Affirmed.... XXV, 48 Pompey v. The Village of Saratoga, XXI, 115, Affirmed, March 1, 1887. Riley v. The Albany Savgs. Bk., XXI, 319, Affirmed, Nov. 23, 1886. No opinion. Roberts v. Cobb, XXII, 315, Affirmed. The People v. Hagadorn, XXI, 430, Af, firmed, March 1, 1857. The People v. O'Sullivan, XXV, 196, Affirmed, March 1, 1887. The People v. The Bank of Dansville, XXIII, 358, Affirmed, Jan. 25, 1887. No opinion. The People v. The Horn Silver Mining Co, XXII, 574, Affirmed, March 15, 1887. The People v. The N. Y., L. E. & W. PAGE RR. Co., XXIV, 183, Reversed. XXV, 399 The People ex rel. Allen v. Allen, XXIV, 320, Appeal dismissed, March 25, 1887. The People ex rel. Brush v. Brown, XX, 516, Appeal dismissed..... XXV, 139 The People ex rel. Dillon v. Gilon, XXV, 6, Affirmed, Feb. 11, 1887. No opinion. The People ex rel. Ferrer v. Tax Comrs, XXV, 259, Affirmed, March 25, 1887. No opinion. The People ex rel. Houghton v. An .XXV, 376 drews, XXV, 431, Affirmed.... XXV, 564 The People ex rel. Millard v. Chapin, XXIV, 223, Reversed...... The People ex rel. The Equitable Life Assurance Co. v. Chapin, XXIV, 466, Affirmed, March 25, 1887, on opinion in People ex rel. Wright v. Chapin. Tilyou v. The Town of Gravesend, XX, 529, Affirmed.... .. XXV, 486 Tozer v. The N. Y. C. & H. R. RR. Co., XXII, 512, Reversed, March 8, 1887. Van Cott v. Prentice, XXI, 169, Affirmed....... XXV, 423 Van Ostran v. The N. Y. C. & H. R. RR. Co., XXI, 302, Affirmed, March 1, 1887. No opinion. Vick v. The N. Y. C. & H. R. RR. Co., No opinion. Ward v. Ward, XXIII, 466, Modified, Weber v. Manne, XXV, 292, Reversed, THE NEW YORK WEEKLY DIGEST. VOLUME XXV. LIFE INSURANCE. N. Y. COURT OF APPEALS. Dwight et al., exrs., respts., v. The Germania Life Insurance Co., applt. Decided Oct. 12, 1886. Where a policy of life insurance contains a warranty by the insured of the truth of the answers in the application any substantial deviation from the truth in the answers is material to the risk and constitute a breach of the contract rendering the policy void. In considering the language of an insurance contract the words of a promise are to be regarded as those of the promisor, while those of a representation on which the promise is founded are the words of the promisee, and are to be taken most strongly against him. The insured stated in his answers that he had been engaged during the last ten years in the real estate business and as a grain dealer, and that he had not been engaged in or connected with the sale of beer, wine or other intoxicating liquors. It appeared that he had within that time been a hotel keeper and had sold wines and liquors in bottles to his guests and Vol. 25-No. 1. had a license, although he had no bar, and that he had stated that fact in applications to other companies. It was not shown that he had been engaged in the other businesses stated. Held, That his answers were evasive and untrue, and required a dismissal, and that it was error to submit the question as to whether the sales proved were sales within the meaning of the policy. This was an action upon a policy of insurance issued by defendant upon the life of plaintiff's testator. By its terms the insured warranted the truth of the answers to certain questions made by him in the application for insurance. Joseph Larocque and Wm. M. Evarts, for applt. Isaac S. Newton, for respts. Held, That a compliance with such warranty was a condition of the validity of the contract of insurance. Any substantial deviation from the truth in the answers so given was material to the risk and constituted a breach of the terms of the contract, rendering |