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RIPY v. CLOVERLEAF LIFE & CASUALTY CO.

No. 4666.

9 F.2d 324 (1925)

RIPY et al. v. CLOVERLEAF LIFE & CASUALTY CO. CLOVERLEAF LIFE & CASUALTY CO. v. RIPY et al.

Circuit Court of Appeals, Fifth Circuit.

November 23, 1925.

Attorney(s) appearing for the Case

Alvin M. Owsley and George T. Burgess, both of Dallas, Tex. (Burgess, Owsley, Storey & Stewart, of Dallas, Tex., on the brief), for plaintiffs in error and defendants on the cross-writ.

Walter F. Seay, of Dallas, Tex. (Seay, Seay, Malone & Lipscomb, of Dallas, Tex., on the brief), for defendant in error and plaintiff on cross-writ.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an action on an insurance policy, which provides for the payment of $5,000 in case of death of the insured by accidental means. On August 3, 1924, Alica Hazel Nixon, the insured, lost her life in an automobile accident. The action was defended on the ground that at the time of the accident the policy was not in force, but had lapsed for failure to pay the quarterly premium on May 10, 1924. The...

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