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Aldridge v. Ætna Life Ins.

139 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1913-01-22 English

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p. 1115
ALDRIDGE, Respondent, v. ÆTNA LIFE INS. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 22, 1913.)

Headnote

Action by Alfred B. Aldridge against the .¿Etna Life Insurance Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the verdict of the jury on the question of whether plaintiff had received medical attendance within two years before the date of the application to defendant for a policy is contrary to and against the weight of the evidence. See, also, 136 App. Div. 915 , 120 N. Y. Supp. 1112 .

KRUSE and ROBSON, JJ., dissent.