49 Misc. 489 | N.Y. App. Term. | 1906
The plaintiff’s wife, now deceased, was the holder of a policy for a small sum in the defendant corporation. The policy provided that, in case of death, payment should be made “unto the executors, administrators or assigns of the insured, unless settlement shall be made as provided in Article Second under the head of Provisions below ”. The article second, thus referred to, provided that: “ The Company may make any payment provided for in this policy to any relative hy blood or connection by marriage of the insured or to any other person appearing to said Company to appear to be equitably entitled to the same by reason of having incurred expense in any way on behalf of
It follows that the judgment must be reversed and a new trial granted, with costs to appellant to abide the event.
Giegerioh and Greenbaum, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.