Appellate Terms of the Supreme Court of New York December 27, 1939 (Balcourt v. Metropolitan Life Insurance)

Per Curiam.

Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to defendant to abide the event.

Since conflicting inferences could be drawn from the proof, it was for the jury to say whether plaintiff had established the death of the insured. (Butler v. Mutual Life Ins. Co., 225 N. Y. 197.