Opinion
November 11, 1942.
Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.
Judgment and order reversed on the law and facts and a new trial granted in the City Court of Buffalo with costs to appellant to abide the event, on the ground that the finding that the defendant waived the "sound health" provision of the policy is against the weight of the evidence. All concur. (The judgment affirms a judgment of the Buffalo City Court in favor of plaintiff in an action under a life insurance policy. The order is the order of affirmance.)