Le Glaire v. New York Life Insurance

Plaintiff-respondent moves to dismiss tbe appeal for failure to prosecute and on tbe ground there is no “ order ” from which to appeal to this court. Defendant-appellant seeks a direction permitting tbe printed record to be duly filed with tbe clerk of this court.

Tbe suit was to recover double indemnity benefits under life insurance polices by reason of tbe alleged accidental death of tbe insured in December, 1951. After trial before a court and jury in April, 1954, tbe jury was unable to agree on a verdict. After tbe jury was excused, tbe following colloquy took place between tbe court and…