EXCELSIOR HARDWARE CO. v. JOHN HANCOCK MUT. L. INS. CO.

No. 160, Docket 24815.

254 F.2d 6 (1958)

The EXCELSIOR HARDWARE COMPANY, Appellant, v. The JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided April 7, 1958.


Attorney(s) appearing for the Case

Bruce W. Manternach, Lee C. Fielden, Hartford, Conn. (Robinson, Robinson & Cole, Hartford, Conn., of counsel), for appellant.

Wallace W. Brown, Hartford, Conn. (Gross, Hyde & Williams, Hartford, Conn., of counsel), for appellee.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.


WATERMAN, Circuit Judge.

The appellant commenced this action to recover money allegedly due under an annuity contract issued by the appellee. Error is assigned to the refusal of the District Court to hold that under the annuity contract the appellant is entitled to the cash surrender value of the policy, or, alternatively, to hold that appellee became contractually obligated, independently of the annuity contract, to pay the cash surrender value.

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