
    Edwin A. Ames, Respondent, v. The Manhattan Life Insurance Company of New York, Appellant.
    (Argued May 6, 1901;
    decided May 21, 1901.)
    
      Ames v. Manhattan Life Ins. Co., 40 App. Div. 465, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Couit in the first judicial department, entered June J, 1899, upon an order which reversed an order of a Trial Term setting aside a verdict in favor of plaintiff and granting a new' trial and directed judgment for the plaintiff upon the verdict.
    
      Edward S. Rapallo for appellant.
    
      George W. Miller for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Gray, Bartlett, Haight, Martin, Vann and Werner, JJ. Dissenting : Parker, Ch. J.  