Jones v. Manhattan Life Insurance Co. of New York

Opinion by

Rhodes, J.,

This is an action in assumpsit to recover benefits for total disability, which plaintiff alleges are payable to him under the disability provision of a policy of life insurance issued by defendant. The case was tried without a jury by a judge of the court below, who found in favor of defendant. Plaintiff’s motions for a new trial and for judgment n.o.v. were dismissed by the court in banc, and from the judgment thereupon entered plaintiff has appealed. Error is assigned to the refusal of aforesaid motions.

In considering the validity of plaintiff’s motion for judgment in…