Kantor Silk Mills, Inc. v. the Century Ins. Co.

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: PER CURIAM.
• Citation: Kantor Silk Mills, Inc. v. the Century Ins. Co., 253 N.Y. 584, 171 N.E. 793 (N.Y. 1930)
• Decision Date: 11 April 1930
• Parties: KANTOR SILK MILLS, Inc., Appellant, v. The CENTURY INSURANCE COMPANY, LIMITED, OF EDINBURGH, SCOTLAND, Respondent.

253 N.Y. 584

171 N.E. 793

KANTOR SILK MILLS, Inc., Appellant,

v.The CENTURY INSURANCE COMPANY, LIMITED, OF EDINBURGH, SCOTLAND, Respondent.

Court of Appeals of New York.

April 11, 1930.

Appeal from a judgment, entered May 4, 1928, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (223 App. Div. 387, 228 N. Y. S. 822), reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover on a policy of fire insurance containing a provision that it should be void ‘in case of any fraud or false swearing by the insured, touching any matter relating to the insurance or the subject thereof, whether before or after a loss.’ The Appellate Division held that the evidence disclosed that the plaintiff's claim under the policy was fraudulently inflated in the proofs of loss and that thereby the entire policy was rendered void.

David Goldstein, Thomas G. Frost, and Alex Davis, all of New York City, for appellant.

Walter H. Pollak, Frederic C. Pitcher, and Ruth I. Wilson, all of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with...