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PHELPS v. STATE MUT. LIFE ASSUR.

10 A.D.2d 60 (1960)

Orlin Phelps, Individually and as Administrator of The Estate of Katie M. Phelps, Deceased, et al., Respondents, v. State Mutual Life Assurance Company of Worcester, Mass., Appellant, and Merchants National Bank and Trust Co. of Syracuse, New York, Respondent

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

March 2, 1960.

Attorney(s) appearing for the Case

Sheridan & Sheridan (John M. Sheridan of counsel), for appellant.

Albert J. Rubin for Orlin Phelps and others, respondents.

Melvin & Melvin (Raymond J. Barth of counsel), for Merchants National Bank and Trust Co. of Syracuse, New York, respondent.

Present — WILLIAMS, P. J., BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ.

WILLIAMS, P. J.

This appeal involves the propriety of a judgment in favor of the Merchants National Bank and Trust Co. against the State Mutual Life Assurance Company.

The insurance company had issued a group policy in favor of the bank in which it agreed to make payments to the bank upon the deaths of certain insured debtors. If one Katie Phelps (now deceased) was an insured debtor under the meaning and...

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