The Mutual Life Insurance Company of New York v. William H. Ellison

TUTTLE, Circuit Judge.

Appellant here appeals from a judgment of the court below resulting from a trial in which the jury was waived, permitting appellee to recover as for a total disability under the disability provisions of two life insurance policies issued by appellant. 1

Since this court can reverse the judgment below only if we find such judgment clearly erroneous, we set out the facts generally as contended for by appellee. With slight modification, required by our own careful reading of the record, the following statement is taken from appellee’s brief. There will be added below certain…