New York Court of Appeals

Eastern District Piece Dye Works, Inc., Respondent v. the Travelers Insurance Company, Appellant

January 9, 1923234 N.Y. 441

Summary

The Court of Appeals affirmed the appellate division’s judgment for the plaintiff, holding that the insurer’s alleged warranties required proof of fraud under section 58 of the Insurance Law, which it failed to establish, and that the disputed statements were not material misrepresentations; the evidence of post‑policy statements was inadmissible, and the issues should be decided by a jury.