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SCHARLACH v. PACIFIC MUT. LIFE INS. CO.

No. 4639.

9 F.2d 317 (1925)

SCHARLACH v. PACIFIC MUT. LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

November 18, 1925.

Attorney(s) appearing for the Case

J. D. Wheeler, of San Antonio, Tex. (Boyle, Ezell & Grover, of San Antonio, Tex., on the brief), for plaintiff in error.

John H. Cunningham and John C. Wall, both of San Antonio, Tex. (Taliaferro, Cunningham & Moursund, of San Antonio, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an action on two $5,000 policies of life insurance. Application for the insurance was made March 29, 1923, and, though the policies are dated October 10, 1923, they were made effective from May 1, 1923, by attached riders or written agreements, in consideration of the payment of initial term premiums, which provide that the insurance company should not be liable until the policies were delivered during the lifetime and good health of...

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