
    James V. Murphy, Respondent, v. Union Indemnity Company, Appellant. (Actions Nos. 1 and 2.)
    (Argued May 18, 1927;
    decided June 7, 1927.)
    
      Insurance (accident) — action to recover on policies — defense of misrepresentations in, applications.
    
    
      Murphy v. Union Indemnity Co. (2 cases), 219 App. Div. 760, affirmed.
    Appeal in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 11, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The actions were to recover upon policies of accident insurance. The defenses were that certain statements made by plaintiff in his application for the policies with respect to his physical condition and other accident insurance and earning capacity were untrue.
    
      George R. Fearon for appellant.
    
      George W. O’Brien for respondent.
   Judgment in each action affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  