Hamilton v. Fidelity Mutual Life Ass'n of Philadelphia

Majority

p. 575

Lucie Hamilton, Appellant, v. The Fidelity Mutual Life Association of Philadelphia, Respondent.

Headnote

Hamilton, v. Fidelity Mut. L. Assn., 75 App. Div. 609 , affirmed.

(Argued January 26, 1904;

decided February 9, 1904.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 11, 1902, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial.

Moses Shire for appellant.

Wilber E. ELov/pt for respondent.

Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs, on the ground that the exceptions to the charge presented error' justifying the reversal by the Appellate Division; no opinion.

Concur: Bartlett, Haight, Vann and Werner, JJ.; Parker, Ch. J., in result. Absent: Cray and Cullen, JJ.