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MUTUAL LIFE INSURANCE COMPANY v. ALLEN

No. 455.

178 U.S. 351 (1900)

MUTUAL LIFE INSURANCE COMPANY v. ALLEN.

Supreme Court of United States.

Decided May 28, 1900.

Attorney(s) appearing for the Case

Mr. Julien T. Davis and Mr. John B. Allen for petitioner. Mr. Edward Lyman Short and Mr. Frederic D. McKenney were on their brief.

Mr. Stanton Wartburton and Mr. Harold Preston for respondent. Mr. Eben Smith was on their brief.

MR. JUSTICE BREWER delivered the opinion of the court.

This case is, in all material respects, similar to that of Mutual Life Insurance Company v. Bessie F. Sears, Executrix, just decided. The answer of the company, which was demurred to, and the demurrer sustained, contained these allegations:

"That neither the said Samuel B. Stewart, nor any one on his behalf, ever paid, or offered to pay, any premium, or any part of any premium due, or to...

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