New York Court of Appeals

Alexander J. Porter, Respondent v. the Traders’ Insurance Company of Chicago, Illinois, Appellant

November 20, 1900164 N.Y. 504

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the insured's refusal to answer a question about the price paid for the steamer was not a material breach of the policy and that the materiality of such a question is a mixed question of law and fact.