Rose v. N.Y. Life Ins. Co.

As plaintiff in error was plaintiff below, and defendant in error was defendant below, the parties will be herein designated as plaintiff and defendant respectively.

Two grounds of error were chiefly urged by the plaintiff, and in our view of the case only these two grounds need be consideréd. They are:(1) That the defendant, by its conduct after the receipt of notice of plaintiff’s disability, waived the re quirement of the petition that the insured give notice and proof of such disability during its continuance.(2) That the trial court misconstrued the language of the contract, and thereby…