Appellate Division of the Supreme Court of New York, 1941

Mack v. Travelers Protective Ass'n

Appellate Division of the Supreme Court of New York · Decided March 21, 1941

261 A.D. 502; 26 N.Y.S.2d 9; 1941 N.Y. App. Div. LEXIS 7368

Counsel

Sidney J. Loeb of counsel [Prince & Loeb, attorneys], for the appellant., Henry I. Fillman of counsel [Maxwell C. Katz and Irving S. ■Freedman with him on the brief; Katz & Sommerich and Adolph F. Bruenner, attorneys], for the respondents Pacific Mutual Life Insurance Company and The Travelers Protective Association., Charles J. Nehrbas of counsel [Henry C. Moses with him on the brief; Moses, Nehrbas & Tyler, attorneys], for the respondent Commercial Travelers Mutual Accident Association.

Opinion of the Court

Per Curiam.

In view of the convincing evidence of suicide, errors, including any error in admitting the exclamation of the witness Sarah Bond as part of the res gestee, may be disregarded upon the ground that they did not affect the result. (Civ. Prac. Act, § 106.)

The judgment should be affirmed, with costs.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Judgment unanimously affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.