Way v. Prudential Insurance Co. of America

Order modified in accordance with the memorandum and as modified affirmed, with ten dollars costs and disbursements of this appeal to the appellant to abide the event. Memorandum: The policy of insurance involved in this case Was, by its terms, payable to the executor or administrator of the insured, but the complaint alleged, and plaintiff sought to prove, that she was the intended beneficiary of the policy and that the failure of the policy to name her as such was due to mutual mistake of herself and defendant, or else to her mistake and fraud on the part of defendant, and the complaint…