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EQUITABLE LIFE ASSURANCE SOCIETY v. CLEMENTS

No. 340.

140 U.S. 226 (1891)

11 S.Ct. 822

35 L.Ed. 497

EQUITABLE LIFE ASSURANCE SOCIETY, v. CLEMENTS.

Supreme Court of United States.

Decided May 11, 1891.

Attorney(s) appearing for the Case

Mr. Henry Hitchcock for plaintiff in error. Mr. G.A. Madill and Mr. G.A. Finkelnburg were with him on the brief.

Mr. L.C. Krauthoff for defendant in error. Mr. Matthew A. Fyke was with him on the brief.

MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.

Upon the question whether the contract sued on was made in New York or in Missouri, there is nothing in the record, except the policy and application, the petition and answer, by which the facts appear to have been as follows: The assured was a resident of Missouri, and the application for the policy was signed in Missouri. The policy, executed at the defendant's office in New York...

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