SMITH v. MUT. TRUST LIFE INS. CO.


10 A.D.2d 736 (1960)

Benjamin A. Smith, Respondent, v. Mutual Trust Life Insurance Company, Appellant

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

March 28, 1960


Judgment insofar as appealed from affirmed, with costs.

No opinion.

Beldock and Christ, JJ., dissent and vote to modify the judgment by striking therefrom the fourth, fifth and sixth decretal paragraphs and by substituting therefor a provision dismissing the second cause of action insofar as it seeks to recover an alleged overpayment of premiums, and as so modified to affirm the judgment insofar as appealed from, without prejudice to the insured's claim of...

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