Athaniel H. Moody v. New York Life Insurance Company

This is an appeal from a summary judgment entered for the defendant on a record which both parties agree presents no dispute of fact but only a clear cut issue of law and in which both plaintiff and defendant moved for summary judgment. Here, insisting that the case was wrongly decided, plaintiff-appellant vigorously attacks the opinion and judgment as without support in law, while appellee as strongly asserts the contrary.

Because, in our opinion, the district judge has fully and correctly stated the facts and as fully and correctly set forth the controlling principles and authorities, it…