KELLY v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.


136 F.Supp. 539 (1955)

Marjorie Arkison KELLY, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

December 29, 1955.


Attorney(s) appearing for the Case

Robert J. McKeever, Port Chester, for plaintiff. William D. Sporborg, Jr., Port Chester, of counsel.

Oeland & Kuhn, New York City, for defendant. George W. Riley, New York City, of counsel.


DAWSON, District Judge.

The question raised by this motion is whether a life insurance policy which was kept in force for death benefits by virtue of the grace period was also kept in force so as to be eligible for dividends payable on the policy on its anniversary date.

Both parties state that the facts are not in dispute. This is supported by the motion papers and so the case is an appropriate one for summary judgment, under Rule 56 of the Rules of Civil...

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