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Schenck v. United States Health & Accident Insurance

John C. Schenck v. United States Health and Accident Insurance Company

Schenck v. United States Health & Accident Ins., 157 A.D. 941 (1913)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 15, 1913
Citations
157 A.D. 941142 N.Y.S. 1142

Opinion of the Court

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Judgment and order reversed and new trial granted in Corning City Court, with costs to appellant to abide event. Hew trial to be had on the sixteenth day of June, at ten A. M. Held, 1. That there was a breach of warranty respecting the plaintiff’s having been treated by a physician within the terms of the application. 2. That the finding of the jury that the injury was due to an accident to the car is contrary to and against the weight of the evidence. All concurred.

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