Charles Evans Hughes, Adamos v. New York Life Ins. Co…
“ Respondent's affidavit of defense set up as new matter that the insured had made false answers and declarations in his application with respect to a surgical operation he had undergone and to the treatment he had received by physicians and at hospitals, that the insured knew that these answers and declarations were false. ”
Charles Evans Hughes, Adamos v. New York Life Ins. Co…
“ Decree was entered canceling the policies and providing for the repayment of the premiums tendered. The decree was affirmed by the Circuit Court of Appeals (71 F. (2d) 997) , and this Court granted certiorari November 12, 1934 (293 U.S. 549, 55 S.Ct. 148, 79 L.Ed. --) .What we have said in Enelow v. New York Life Insurance Company, 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440, decided this day, is directly applicable here. The issue of fraud raised by respondent's affidavit of defense was fully available in the action at law, and the court erred in directing the trial of that issue in equity. ”
