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Lane v. Equitable Life Assur. Soc. of United States

100 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1906-11-16 English

Delivered by WOODWARD, J.

Contents

Majority

p. 1125
LANE et al. v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES et al.
(Supreme Court, Appellate Division, Second Department.
November 16, 1906.)

Headnote

Appeal from Special Term. Action by Lillie Lane and others against the Equitable Life Assurance Society of the United States and W. Morton Garden, individually and as executor of George W. Kidd, deceased. From a judgment in favor of plaintiff, the latter defendant appeals. Affirmed. Charles C. Dickinson, for appellant. Abel E. Blackmar (F. S. Fisher, on the brief), for respondents.

All of the questions involved in this appeal were necessarily disposed of on demurrer (Lane v. Equitable Life Assurance Society, 102 App. Div. 625 , 92 N. Y. Supp. 1131 ), excepting the delivery of the assignment_ of the policy of insurance involved in the litigation; this question being raised by the answer interposed after the decision of the demurrer. Upon this point there is no lack of evidence to support the decision of the court at Special Term, and the judgment appealed from should therefore be affirmed, with costs. All concur.