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CHUN NGIT NGAN v. PRUDENTIAL INS. CO. OF AMERICA

No. 4660.

9 F.2d 340 (1925)

CHUN NGIT NGAN v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Ninth Circuit.

November 16, 1925.

Attorney(s) appearing for the Case

Thompson, Catheart & Beebe, Frank E. Thompson, Eugene H. Beebe, and Marguerite K. Ashford, all of Honolulu, Hawaii, for plaintiff in error.

Frear, Prosser, Anderson & Marx, W. F. Frear, Mason F. Prosser, and Robbins B. Anderson, all of Honolulu, Hawaii, for defendant in error.

Before GILBERT, RUDKIN, and McCAMANT, Circuit Judges.

RUDKIN, Circuit Judge.

This was an action on a life insurance policy containing the familiar clause: "This policy shall be incontestable after one year from its date, except for nonpayment of premium, but if the age of the insured be misstated the amount or amounts payable under this policy shall be such as the premium would have purchased at the correct age." The policy was issued May 1, 1922, and the insured died of tuberculosis about nine months thereafter. After...

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