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WHITMORE v. MUTUAL LIFE INSURANCE CO. OF NEW YORK

No. 1152.

173 A.2d 584 (1961)

Joane WHITMORE v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK.

Supreme Court of Vermont. Windham.

Reargument Denied September 5, 1961.

Attorney(s) appearing for the Case

E. Bruce Weber, Brattleboro, for plaintiff.

A. Luke Crispe, John S. Burgess, Brattleboro, John G. Kelly, New York City, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

SMITH, Justice.

This is an action for recovery on a contract of life insurance. The plaintiff is the beneficiary under the policy, being the widow of the insured, Dr. Michael M. Whitmore. The defendant pleaded fraud as a defense in its answer, and in her replication the plaintiff pleaded estoppel. The case was tried before a jury in the Windham County Court with a resultant verdict for the plaintiff. The defendant has brought the case here on its Notice of Appeal...

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