Opinion
No. 29,162.
January 13, 1933.
Defendant appealed from an order of the district court for Ramsey county, Loevinger, J. denying its motion for a new trial. Reversed with directions to amend conclusions of law so as to order judgment in favor of defendant, following Johnson v. Central L. A. Society, 187 Minn. 611, 246 N.W. 354.
G.U. Bloholm, Stearns, Stone Mackey, and George Cosson, for appellant.
Patrick J. Ryan, for respondent.
Alexander Green and Kellogg, Morgan, Chase, Carter Headley, amici curiae, filed a brief in behalf of Equitable Life Assurance Society of the United States.
Doherty, Rumble, Bunn Butler, amici curiae, filed a brief in behalf of Minnesota Mutual Life Insurance Company and New York Life Insurance Company. Oppenheimer, Dickson, Hodgson, Brown Donnelly, and George W. Jansen, amici curiae, filed a brief in behalf of Prudential Insurance Company of America.
Byron K. Elliott, Ralph H. Kastner, and Maurice E. Benson, amici curiae, filed a brief in behalf of American Life Convention.
This case presents the same question as the case of Johnson v. Central L. A. Society, 187 Minn. 611, 246 N.W. 354. The appeal in this case is from a like order, and the cases were argued and submitted together.
It follows that the order appealed from is reversed with direction to the trial court to amend its conclusions of law so as to order judgment in favor of the defendant in conformity with the opinion in that case.
Order reversed.
STONE, J. took no part in the consideration and decision of this case.