Jacobs v. Mutual Life Insurance Co. of New York

Mr. Presiding Justice Lewe

delivered the opinion of the court.

Defendant appeals from an order granting a new trial in an action by the named beneficiary to recover death benefits on two life insurance policies issued by defendant. A jury trial resulted in a verdict finding the issues in favor of defendant and judgment was entered accordingly.

The record discloses that the trial court granted a new trial solely on the ground that the deposition of one Dr. George L. Perusse “was erroneously admitted and allowed to be read in evidence.” In granting a new trial for the reasons stated the trial…