Summary
In Dochter v. Equitable Life Assurance Society (266 N.Y. 648) an examination of the case on appeal discloses that the trial court submitted to the jury the issue of the receipt of the two alleged letters sent by the insured's brother to the defendant notifying the defendant of the insured's disability and confinement in a hospital, the court charging that the letters if received would constitute "due proof" required under the terms of the policy.
Summary of this case from Levine v. New York Life Insurance Co.Opinion
Argued February 28, 1935
Decided March 19, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
James D. Ewing and Peter C. Mann for appellant.
A.H. Waisman for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ. Not sitting: FINCH, J.