Wangrow v. Equitable Life Assurance Society of United States

248 A.D. 864 | N.Y. App. Div. | 1936

The policy contains no provision and no custom is established by the evidence which made the mailing of a check payment of the premium in accordance with the terms of the policy. Such custom may be established on a new trial. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.