
    CLARE, Respondent, v. NEW YORK SAFETY RESERVE FUND LIFE INS. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 11, 1905.)
    Ac-' tion by Mary Clare against the New York Safety Reserve Fund Life Insurance Company.
   PER CURIAM.

Judgment and order reversed and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that the answer^ of “No occasion” to the question in the application constituted a breach of warranty which bars a recovery.

WILLIAMS, J., dissents.  