« ForrigeFortsett »
Stark v. The U. S. Nat. Bk.
Stilwell, exrx., v. Zinsser..
Taylor et al. v. Herkimer..
Thayer v. Dempsey.
The Am. Soc. for Prevention of Cruelty
to Animals v. The City of Cohoes.. 229
The Cunard SS. Co. v. Voorbis et al.,
The Fall Brook Coal Co. v. Hecksher.. 351
The People v. Meegan..
The People v. Stott ...
The People v. Wightman
The People ex rel. Sinkler v. Terry,
The People ex rel. Supts. of the Poor of
Oswegatchie v. The Board of Suprs.
tion of Hudson v. Dakin, treasr..... 500
RR. Co. v. Chapin, compt., et al. ... 154
Weller, recr., v. The J. B. Pace Tobacco
White v. Boice et al.,
Wiltsie, survivor, v. The Village of
The Phoenix Mills v. Miller..
The Robinson Consolidated Mining Co.
v. Craig et al
The Sodus Bay & C. RR. Co. v. Lap-
The Third Nat. Bk. of Buffalo v.
al. v. The N. Y., L. E. & W. RR. Co. 536
The U. S. Trust Co. of N. Y., v. Roche,
trustee, et al ...
The Wilcox & Gibbs S. M. Co. y. The
K & M. Mfg. Co. et al.......... 454
The Yates Co. Nat. Bk. v. Blake... 551
The Yonkers Gas Light Co. v. Taylor,
Thomas et al., by guardian, v. Snyder
Thompson v. Hazard et el..
Tilton v. Vail et al. ....
Tilyou v. The Town of Gravesend et al 436
Tisdale v. The D. & H. C. Co....... 308
Yager v. Person
Yorston v. Bouton..
March 25, 1887. No opinion.
Cossitt v. Winchell, XXIII, 225, Af-
firmed, March 22, 1887. No opinion.
Cox v. The Mayor, &c., of N. Y., XXIII,
Doran v. The City of Troy, XXII, 230,
Affirmed, March 1, 1887. No opin-
Ellsworth v. The Ætna Ins. Co., XXI,
469, Reversed, March 25, 1887.
Fairbanks v. Sargent, XXIII, 518, Re-
Canfield, XXIII, 316, Af-
Field v. The Mayor, &c., of N.
XXIII, 151, Affirmed, March 25, 1887.
Lerche v. Brasher, XXII, 350, Reversed
XXV, 417 Litchfield v. Flint, XXII, 280, Re
versed, March 1, 1887. McCallum v. The L. I. RR. Co., XXIII,
231, Affirmed, Dec. 17, 1886. No
opinion. Miller v. Woodhead, XXII, 58, Re
versed, March 1, 1887. Moller v. Duryea, XXI, 458, 450, Af
firmed, 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, Af. firmed......
XXV, 459 O'Dea v. Norcross. XXII, 516, Af.
firmed, 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. 28, 1836. No
opinion. Roberts v. Cobb, XXII, 315, Affirmed.
XXV, 182 Roberts v. Sadler, XXII, 502, Reversed,
...XXV, 282 Schwartz v. Soutter, XXIV, 463, Af. firmed
..XXV, 135 Shaw v. Sheldon, XXI, 499, Reversed.
....XXV 45 Solomon v. The Manhattan R. Co.,
XVIII, 9, Affirmed...... XXV, 25 Taylor v. The City of Cohoes, XXV, 77,
Reversed, March 8, 1897.
ored Orphans v. The Mayor, &c., of
1, 1887. The National Park Bk. v. Whitmore,
XXIV, 132, Appeal dismissed. . XXV, 122 The People v. Arensberg, XXIII, 481, Reversed...
.XXV, 14 The People v. Buddensieck, XXIV, 82, Affirmed.....
.XXV, 125 The People v. Everhardt, XXV, 300, Af
The People v. Hagadorn, XXI, 130, Af,
firmed, March 1, 1857.
Affirmed, March 1, 1837.
XXIII, 358, Affirmed, Jan, 25, 1887.
Co, XXII, 574, Affirmed, March 15,
1887. The People v. The N. Y., L. E. & W.
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
drews, XXV, 431, Affirmed....XXV, 564 The People ex rel. Millard v. Chapin,
XXIV, 223, Reversed... .XXV, 376 The People ex rel. The Equitable Life
Assurance Co. v. Chapin, XXIV, 466,
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. ('. & H. R. RR. Co.,
XXII, 474, Affirmed Feb. 11, 1887.
March 15, 1887.
firmed, March 1, 1887.
March 25, 1887. No opinion.
firmed, Dec. 11, 1886. No opinion. Wyckoff v. Scofield, XXIV, 339, Affirmed
XXV, 172 Held, That a compliance with The insured stated in his answers that he
had a license, although he had no bar,
and that he had stated that fact in appliN. Y. COURT OF APPEALS.
cations to other companies. It was not
shown that he had been engaged in the Dwight et al., exrs., respts., v. other businesses stated. Held, That his The Germania Life Insurance Co., answers were evasive and untrue, and applt.
required a dismissal, and that it was error
to submit the question as to whether the Decided Oct. 12, 1886.
sales proved were sales within the mean
ing of the policy. Where a policy of life insurance contains a
warranty by the insured of the truth of This was an action upon a policy the answers in the application any sub- of insurance issued by defendant stantial deviation from the truth in the
upon the life of plaintiff's testator. answers is material to the risk and con
By its terms the insured warranted stitute a breach of the contract rendering the policy void.
the truth of the answers to certain In considering the language of an insur- questions made by him in the apance contract the words of a promise are
plication for insurance. to be regarded as those of the promisor, while those of a representation on
Joseph Larocque and Wm. M. which the promise is founded are the
Evarts, for applt. words of the promisee, and are to be taken Isaac S. Newton, for respts. most strongly against him.
such warranty was a condition of had been engaged during the last ten years in the real estate business and as a
the validity of the contract of ingrain dealer, and that he had not been surance. Any substantial deviaengaged in or connected with the sale of tion from the truth in the answers beer, wine or other intoxicating liquors.
so given was material to the risk It appeared that he had within that time been a hotel keeper and had sold wines
and constituted a breach of the and liquors in bottles to his guests and terms of the contract, rendering Vol. 25-No. 1.