MALONEY v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.

No. 301, Docket 25333.

271 F.2d 609 (1959)

Donald W. MALONEY as Trustee in Bankruptcy of Eastern Footwear Corporation, Plaintiff-Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 23, 1959.


Attorney(s) appearing for the Case

Charles H. Cohen, New York City (Kaye, Scholer, Fierman & Hays, and Alexander H. Rockmore, New York City on the brief), for plaintiff-appellant.

George W. Riley, New York City (Merritt E. Vaughan, Utica, N. Y., on the brief), for defendant-appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.


HINCKS, Circuit Judge.

The trustee in bankruptcy of Eastern Footwear Corporation brought this action to recover upon an insurance policy issued to Eastern, prior to its bankruptcy, upon the life of one of its officers, James J. Calderazzo. The undisputed facts present this single issue, viz., whether the defendant insurance company, by failure to comply with the notice provisions of § 151 of the New York Insurance Law with respect to premiums due and defaulted...

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