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BAUMEL v. TRAVELERS INSURANCE COMPANY

Civ. No. 17085.

179 F.Supp. 88 (1959)

Jeanne BAUMEL, individually and as Administratrix of the Estate of John M. Vocale, and John Baumel, an infant, by Jeanne Baumel, his guardian ad litem, Plaintiffs, v. TRAVELERS INSURANCE COMPANY, Defendant.

United States District Court E. D. New York.

October 16, 1959.

Attorney(s) appearing for the Case

Turnbull & Bergh, New York City, for plaintiffs, John G. Turnbull, Alfred A. Marra, Daniel J. Loughlin, New York City, of counsel.

Galli, Terhune, Gibbons & Mulvehill, New York City, for defendant, John G. Donovan, New York City, of counsel.

BRUCHHAUSEN, Chief Judge.

The question for determination is the competency of the testimony of Herman and Mayer Goldfarb, agents of the defendant, the Travelers Insurance Company, concerning conversations had between them and the deceased John Vocale, the insured. It involves the construction of Section 347 of the New York Civil Practice Act.

The defendant disclaims liability on the policy, due to non-payment of the premium. The plaintiff contends that a check...

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