FISCHER v. PROVIDENT MUT. LIFE INS. CO.


283 A.D. 779 (1954)

George W. Fischer, as Executor of Virginius B. Hirst, Deceased, Respondent, v. Provident Mutual Life Insurance Company of Philadelphia, Respondent-Appellant, and Harriet E. Hirst, Intervener, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1954.


We have come to the conclusion that giving the appellant full benefit of the evidence offered and excluded, no case was made out to go to the jury and a verdict should have been directed in plaintiff's favor. There was no prejudice therefore in the matters complained of justifying a new trial.

Judgment unanimously affirmed...

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