New York Court of Appeals

Alice W. Smith, as Administratrix of the Estate of Clark M. Smith, Deceased, Respondent v. United States Casualty…

February 8, 1910197 N.Y. 420

Summary

The Court affirmed the lower court's judgment, holding that under common law a person may lawfully change his name by long‑term usage and community recognition without resorting to statutory procedures, and that such a change makes a statement of the adopted name on an insurance application truthful, negating a breach of warranty claim. The decision rests on historical analysis of name customs and the principle that statutes merely supplement, not replace, the common‑law right.