Wilson R. Hunter, Respondent, v. Mutual Reserve Life Insurance Company, Appellant

Wilson R. Hunter, Respondent, v. Mutual Reserve Life Insurance Company, Appellant. (Argued May 20, 1907; decided May 28, 1907.) Reported below, 118 App. Div. 94. Motion to dismiss an appeal, by permission, from a judgment entered March 13, 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the'Appellate Term reversing a judgment of the City Court of Eew York in favor of plaintiff and dismissing the complaint and affirmed the judgment of said City Court. The motion was made upon the ground that the questions involved have been considered by and passed upon by the Court of Appeals and by the United States Supreme Court and that the judgment herein is in harmony with such decisions. Albert P. Massey for motion. Sewell T. Tyng opposed. [MAJORITY] Motion denied, with ten dollars costs.