Mississippi Valley Trust Co. v. Masonic Life Ass'n

Majority

p. 624

Mississippi Valley Trust Company, as Ancillary Executor of Marx Hammer, Deceased, Respondent, v. Masonic Life Association, Appellant.

Headnote

Mississippi Valley Trust Co. v. Masonic Life Assn., 173 App. Div. 1004 , affirmed.

(Argued March 20, 1918;

decided April 5, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Cotirt in the fourth judicial department, entered June 5, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action upon a policy of life insurance. The complaint alleged that the insured met his death in a fire which destroyed the building in which he resided. The defense was, first, that no satisfactory proof had been made establishing the death of the insured, and second, that his membership in the defendant association had lapsed owing to nonpayment of dues.

p. 625

H. C. Minará, and Ho^ry D. Williams for appellant.

Vernon Cole for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.