
    William H. Thompson, Respondent, v. Metropolitan Life Insurance Company, Appellant.
    
      Thompson v. Metropolitan Life Ins. Go., 128 App. Div. 420, affirmed
    (Argued March. 29, 1910;
    decided April 26, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action .to recover upon a policy of life insurance.
    
      John L. Hunter for appellant.
    
      P. McLaughlin for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Willard Bartlett and Chase, JJ. Absent: Haight, J.  