RAIVES v. RAIVES

No. 28.

54 F.2d 267 (1931)

RAIVES v. RAIVES et al.

Circuit Court of Appeals, Second Circuit.

Decided November 2, 1931.


Attorney(s) appearing for the Case

Anderson, Phillips & Moss, of New York City, for plaintiff.

Edward Weinfeld, of New York City (Harry G. Anderson and Louis H. Merrell, both of Brooklyn, N. Y., of counsel), for defendant Mary Raives.

Howard W. Ameli, U. S. Atty., and A. D. Smith, Asst. U. S. Atty., both of Brooklyn, N. Y., William Wolff Smith, Sp. Counsel Veterans' Administration, and Lawrence A. Lawlor, Attorney, Veterans' Administration, both of Washington, D. C., for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

Representations made by an applicant for insurance to the effect that within a specified period previous to the date of the application the applicant had not consulted a physician concerning his health are material, and, when false, amount to a fraud on the insurer who has relied upon them in issuing a policy of insurance that will render the insurance void. Mutual Life Ins. Co. of New York v. Hurni Packing...

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