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Wangrow v. Equitable Life Assurance Society of United States

248 A.D. 864 Court N.Y. App. Div. Decision date 1936-10-23 English

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p. 864
Herman Wangrow, Respondent, v. The Equitable Life Assurance Society of the United States, Appellant.

The policy contains no provision and no custom is established by the evidence which made the mailing of a check payment of the premium in accordance with the terms of the policy. Such custom may be established on a new trial. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.