NATIONAL EXCHANGE BANK & T. CO. v. New York Life Ins. Co.

McVICAR, District Judge.

This is- an action to recover double indemnity on five policies of life insurance aggregating $17,500. At the trial, plaintiff and defendant each made a request for binding instructions. The request of the plaintiff was refused; the request of the defendant was granted. The case is now before us on plaintiff’s motion for a new trial. Where both parties request a directed verdict, the court must decide the issue or issues of fact and the issue or issues of law. Beuttell v. Magone, 157 U.S. 154, 157, 158, 15 S.Ct. 566, 39 L.Ed. 654.

Stanley W. Bayersdorfer took out five…