Majority
p. 1104EVELAND, Respondent, v. METROPOLITAN LIFE INS. CO., Appellant. (Supreme Court, Appellate Division, Second Department. December 31, 1897.)
Headnote
Action by Lewis Eveland against the Metropolitan Life Insurance Company.No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulates to reduce recovery of damages to $41.55, in which case judgment for the plaintiff is directed for that amount, costs preceding the appeal to be awarded to the party entitled thereto on a retaxation, but without costs of this appeal to either party.