Washington Supreme Court November 30, 1939, No. 27739. (New York Life Insurance Co. v. Newport)

Jeffers, J.

This is an appeal by plaintiff, New York Life Insurance Company, from an order granting a new trial to defendants, on the specific ground of failure to give defendants’ requested instructions Nos. 6 and 7.

Plaintiff brought this action under the declaratory judgment act (Rem. Rev. Stat. (Sup.), § 784-1 [P. C. § 8108-21]

et seq.,

Laws of 1935, chapter 113, p.