Grana v. Metropolitan Life Insurance

In this action to recover under a life insurance policy plaintiff has made a motion to discontinue the action and another motion to be permitted to serve a second amended complaint. Both motions were denied and these appeals result. The policy was issued June 1, 1930. The insured died November 10, 1930. The instant action was commenced in June, 1931. An answer was served in November, 1931, in which material allegations of fraud on the part of the insured were made, substantiation of which by proof would defeat the action. Plaintiff’s motion to discontinue the action was denied October 10,…