New York Life Insurance Co. v. Newport

This is an appeal by plaintiff, New York Life Insurance Company, from an order granting a new trial to defendants, on the specific ground of failure to give defendants’ requested instructions Nos. 6 and 7.

Plaintiff brought this action under the declaratory judgment act (Rem. Rev. Stat. (Sup.), § 784-1 [P. C. § 8108-21] et seq., Laws of 1935, chapter 113, p. 305, as amended by Laws of 1937, chapter 14, p. 39), to have its rights and liabilities determined under a certain fife insurance policy issued by plaintiff upon the life of Paul E. Newport, Jr. Defendants demanded a jury, claiming they…