DIXON v. PACIFIC MUTUAL LIFE INSURANCE COMPANY


151 F.Supp. 106 (1957)

George Graves DIXON, Plaintiff, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York, Civil Division.

April 18, 1957.


Attorney(s) appearing for the Case

Leon Wasserman, New York City, for plaintiff.

Katz & Sommerich, New York City, for defendant, Henry I. Fillman, New York City, of counsel.


WEINFELD, District Judge.

The defendant moves to set aside the verdict of the jury on the ground that it is contrary to law, contrary to fact and against the weight of the evidence, and for judgment n. o. v.

The jury returned a special verdict which found that a release executed by the plaintiff was the result of mutual mistake of fact and further found that plaintiff was totally disabled, within the meaning of a policy issued by the defendant, for the period...

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