Metsker v. Mutual Life Insurance Co. of New York

Plaintiff instituted this action to recover upon an insurance contract which provided monthly payments in the event of disability of the insured. The case, tried to a jury, resulted in a verdict for the plaintiff. Motions for judgment notwithstanding the verdict or for a new trial were presented by defendant and denied by the trial court. Thereafter judgment was entered upon the verdict and defendant appealed.

The assignments of error are in the admission of evidence and in the refusal to grant the motion for a new trial.

The facts are these: During the year 1926, appellant issued to respondent…