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National Life Insurance Co. of The United States of America v. Minch

10 N.Y. Sup. Ct. 354 Court N.Y. Sup. Ct. English

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Majority

p. 354
THE NATIONAL LIFE INSURANCE COMPANY OF THE UNITED STATES OF AMERICA, Appellant, v. PHILIP MINCH, Administrator, etc., or ANNA C. MINCH, Deceased, Respondent.

Headnote

Appeal from a judgment in favor of the defendant entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the judge’s minutes. The action was brought to-recover money paid by the plaintiff to the defendant, as administrator of his wife, upon a policy of insurance. The case has airead}7 been before the Court of Appeals, and is reported
p. 355
in 53 IS! ew York, 144. Upon this appeal, the court held that the verdict was against the weight of evidence, and ordered a new trial.
J. E. Dewey, for the appellant.
J. M. Carroll, for the respondent.

Opinion by Hardin, J.

Countryman, J., concurred; Bookes, P. J., took no part.

Order and judgment reversed and new trial granted, costs to abide the event.