Smith v. Commercial Travelers' Mutual Accident Ass'n of America

Majority

p. 523

Mayme S. Smith, as Administratrix of the Estate of Feed A. Smith, Deceased, Respondent, v. The Commercial Travelers’ Mutual Accident Association of America, Appellant.

(Submitted April 23, 1929;

decided May 28, 1929.)

Colin McLennan for appellant.

Kenneth B. Keating for respondent.

Judgment affirmed, with costs, on the ground that the evidence fails to show the date of the mailing of the notice of assessment; no opinion.

Concur: Cardozo, Ch. - J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Not sitting: Hubbs, J.