No. 166.

193 U.S. 551 (1904)


Supreme Court of United States.

Decided April 4, 1904.

Attorney(s) appearing for the Case

Mr. Julien T. Davies, with whom Mr. Edward Lyman Short, Mr. E.C. Hughes and Mr. F.D. McKenney were on the brief, for plaintiff in error.

Mr. George Turner and Mr. S. Warburton, with whom Mr. Eben Smith and Mr. Harold Preston were on the brief, for defendant in error.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

A preliminary matter is this: When the case was here before we held that upon the record there was disclosed an abandonment of the insurance contract, by both the insured and the beneficiaries, and on that ground the judgment was reversed. It is now contended that "the only question left open by the mandate of this court was a submission...

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