NATIONAL EXCHANGE BANK & T. CO. v. NEW YORK LIFE INS. CO.

No. 8672.

19 F.Supp. 790 (1937)

NATIONAL EXCHANGE BANK & TRUST CO. OF STEUBENVILLE v. NEW YORK LIFE INS. CO.

District Court, W. D. Pennsylvania.

July 1, 1937.


Attorney(s) appearing for the Case

Clyde A. Armstrong and Thorp, Bostwick, Reed & Armstrong, all of Pittsburgh, Pa., for plaintiff.

William H. Eckert and Smith, Buchanan, Scott & Ingersoll, all of Pittsburgh, Pa., for defendant.


McVICAR, District Judge.

This is an action to recover double indemnity on five policies of life insurance aggregating $17,500. At the trial, plaintiff and defendant each made a request for binding instructions. The request of the plaintiff was refused; the request of the defendant was granted. The case is now before us on plaintiff's motion for a new trial. Where both parties request a directed verdict, the court must decide the issue or issues of fact and the issue...

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