Whiting v. Fidelity Mutual Life Ass'n of Philadelphia

Majority

p. 597

Robert M. Whiting, Respondent, v. The Fidelity Mutual Life Association of Philadelphia, Pennsylvania, Appellant.

Headnote

Whiting v. Fidelity Mutual Life Assn., 137 App. Div. 758 , affirmed.

(Argued October 31, 1911;

decided November 21, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to obtain a construction of certain policies of life insurance.

William B. Ellison and F. H. Calkins for appellant.

Alexander S. Bacon for respondent.

p. 598

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Scott, J., below.

Concur: Cullen, Ch. J., Gray, Haight, Vann and Willard Bartlett, JJ. Dissenting: Hiscooic and Collin, JJ. •_