Drums v. John Hancock Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Drums v. John Hancock Mutual Life Insurance

241 A.D. 638

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1934·Published

Opinion

Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ., concur. The court reverses findings of facts numbered second and third, and the finding of fact numbered second among the conclusions of law; and makes a new finding of fact, that the deceased, Patrick J. Kilroy, was not in sound health on July 29, 1931, at the time the policy was written, and'that he had within thirty days been treated at a hospital for the disease from which he died.

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Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ., concur. The court reverses findings of facts numbered second and third, and the finding of fact numbered second among the conclusions of law; and makes a new finding of fact, that the deceased, Patrick J. Kilroy, was not in sound health on July 29, 1931, at the time the policy was written, and'that he had within thirty days been treated at a hospital for the disease from which he died.

Drums v. John Hancock Mutual Life Insurance, 241 A.D. 638 (N.Y. Ct. App. 1934).

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