
    Paul Krauza et al., Respondents, v. Golden Seal Assurance Society, Appellant.
    
      Insurance {life) — action to recover on certificate of life insurance — defense of material misrepresentations in application by insured — insufficiency of evidence to show misrepresentations were material.
    
    
      Krauza v. Golden Seal Assurance Society, 221 App. Div. 380, affirmed.
    (Argued December 9, 1927;
    decided January 10, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 24, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover upon a certificate of life insurance. The defense was that the insured in his application misrepresented a material fact in that he denied having ever consulted or been treated by a physician. There was evidence tending to show he had consulted and been treated by physicians within two months of the application but there was no evidence as to the nature of his ailment at that time or that it left any permanent physical weakness which contributed to his death. The Appellate Division held that defendant had failed to establish that the misrepresentation was material.
    
      John H. Clogston for appellant.
    
      Thomas R. Wheeler, William M. Fay and Charles E. Doane for respondents.
   Judgment affirmed, with costs; no opinion.

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