Appellate Division of the Supreme Court of the State of New York November 14, 1906 (Arnold v. Farmers' Fire Insurance)

Smith, J.:

Plaintiff’s principal contention upon the trial was that the policy in question was made out by Stevens, defendant’s agent, in the name of plaintiff’s husband, with full knowledge that the personal property included therein belonged to the husband and the real estate to plaintiff. Knowledge of this fact was denied under oath by the defendant’s agent.