Whitmore v. Mutual Life Insurance Co. of New York

This is an action for recovery on a contract of life insurance. The plaintiff is the beneficiary under the policy, being the widow of the insured, Dr. Michael M. Whitmore. The defendant pleaded fraud as a defense in its answer, and in her replication the plaintiff pleaded estoppel. The case was tried before a jury in the Windham County Court with a resultant verdict for the plaintiff. The defendant has brought the case here on its notice of appeal from the judgment and verdict.

The defense in this case is based upon the allegations of the defendant that Dr. Whitmore, the deceased insured, made…