
    Mabel Barbour, Appellant, v. The Equitable Life Assurance Society of the United States, Respondent.
    
      Barbour v. Equitable Life Assur. Society of U. S., 174 App. Div. 759, affirmed.
    (Argued December 13, 1918;
    decided January 28, 1919.)
    Appeal from a judgment of the Appellate. Division of the Supreme Court in the third judicial department, entered December 11, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon a policy of life insurance. The defense was non-payment of a premium. Plaintiff alleged by way of excuse, avoidance, waiver and estoppel certain alleged promises and representations made by defendant’s geneial agent and manager.
    
      L. B. McKelvey for appellant.
    
      Charles W.. Pierson and William Carrell Diamond for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Cardozo, Pound and Andrews, JJ.  