Opinion
June, 1901.
William D. Murray, for appellant.
D. Frank Lloyd, for respondent.
This case is not to be distinguished from Bryce v. Lorillard Ins. Co., 55 N.Y. 240. Under the rule declared in that case, which has never been modified or departed from, the defendant established a complete defense, and should have prevailed.
Present: SCOTT, P.J., BEACH and FITZGERALD, JJ.
Judgment reversed and new trial granted, with costs to appellant to abide event.