Summary
In Apter v. Equitable Life Assurance Society (271 N.Y. 653), relied on by defendant, it appears that the waiver of premiums was withdrawn by the company prior to the commencement of the action, and that after notice to the plaintiff by the defendant insurance company of such withdrawal, other premiums fell due which were not paid.
Summary of this case from Wilkes v. Equitable Life Assurance SocietyOpinion
Argued May 21, 1936
Decided June 5, 1936
Appeal from the Supreme Court, Appellate Division, Third Department.
Isadore Rothenberg for appellant.
William G. Birmingham for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.