McEnery v. Metropolitan Life Insurance

Levinthal, J.,

This is an action in assumpsit which was tried before me without a jury. Plaintiff, Michael J. McEnery, seeks to recover in this action from defendant, Metropolitan Life Insurance Company, a balance alleged to be due him as the un*397paid portion of the cash surrender value of a certain life insurance policy which plaintiff surrendered to the said insurance company on June 23, 1931.

At that time the policy was 10 years old. The policy of insurance contained a table of surrender values in which it was set forth that at the end of the tenth year the cash value of the policy was $201…