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NEW YORK LIFE INS. CO. v. HORTON

No. 4483.

9 F.2d 320 (1925)

NEW YORK LIFE INS. CO. v. HORTON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 14, 1925.

Attorney(s) appearing for the Case

Thomas M. Stevens, of Mobile, Ala., for plaintiff in error.

C. E. Hamilton, of Greenville, Ala., Norville R. Leigh and S. M. Johnston, both of Mobile, Ala., and B. E. Jones, of Evergreen, Ala., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action on an alleged policy of insurance for $25,000 on the life of the deceased wife of the defendant in error, herein called the plaintiff, who sued as the guardian of minors who were named as beneficiaries in that instrument. Special pleas were filed, which, after setting out provisions in deceased's written application for insurance, which are copied below, alleged to the effect that after said application was made, and at the...

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