Eisenbach v. Mutual Life Insurance — 212 N.Y. 593

Majority

p. 593

Henrietta Eisenbach, Respondent, v. The Mutual Life Insurance Company of New York, Appellant.

Headnote

Fisenbach v. Mutual Life Ins. Co., 162 App. Div. 595 , affirmed.

(Argued September 29, 1914;

decided October 13, 1914.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1914, which reversed an order of Special Term granting a motion to make certain infants parties defendant.

The following question was certified: “ Have the children of the plaintiff an interest in the policy of which they would not he divested by the tender and acceptance of a surrender thereof % ”

p. 594

Jesse P. Oram, Frederick L. Allen and Murray Downs for appellant.

Frederick M. Czaki and Marion Erwin for respondent.

Order affirmed, with costs, and question certified answered in the negative; no opinion.

Concur: Werner, Hisoook, Chase, Collin, Hogan, Miller and Cardozo, JJ.