DeFord v. New York Life Insurance

Plaintiff in error was plaintiff below, suing as the administrator of the estate of his deceased son for damages, alleged to have resulted from delay on the part of the defendant in error in the issuing and mailing of a policy on the son’s life.

A suit by the mother, the beneficiary in the policy, was brought at the same time for the sum named in the policy. Demurrers to the complaints in both actions were sus*148tamed, and the cases are now here for review. This action being in tort for negligence on the part of the defendant, and not upon the policy, the basis of the action is that of failing to…