
    CAROLINE E. PATRICK and another, Committee, etc., Respondents, v. THE EXCELSIOR LIFE INSURANCE COMPANY, Appellant.
    
      Policy of insurance—when not invalidated try suicide of insured.
    
    In an action upon a policy of insurance taken out upon the life of a husband for the benefit of his wife, the suicide of the insured is not a defense where there is no stipulation to that effect in the policy.
    
      Fitch v. American Popular Life Ins. Co. (11 Alb. Law Jour., 91) followed.
    The expression, in a policy of life insurance, “ in the known violation of the law of any State,” cannot be construed to include suicide.
    Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the judge’s minutes.
    
      Elliott F. Shepard, for the appellant.
    
      Henry Smith and John R. Putnam, for the respondents.
   Opinion by

Learned, P. J.

Present — Learned, P. J., Boardman and James, JJ.

Judgment and order affirmed.  