NEW YORK LIFE INS. CO. v. WEAVER

No. 4529.

8 F.2d 680 (1925)

NEW YORK LIFE INS. CO. v. WEAVER.

Circuit Court of Appeals, Fifth Circuit.

October 13, 1925.


Attorney(s) appearing for the Case

Shepard Bryan and Grover Middlebrooks, both of Atlanta, Ga. (Louis H. Cooke, of New York City, Bryan & Middlebrooks, of Atlanta, Ga., and Horace & Frank Holen, of Athens, Ga., on the brief), for plaintiff in error.

Howell C. Erwin, Wm. L. Erwin, and Abit Nix, all of Athens, Ga., and R. L. Cox, of Monroe, Ga., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

This was an action by the defendant in error, suing as executor, on a life insurance policy issued to his testator, who died in May, 1922. The policy sued on was issued in May, 1921, for the sum of $7,000, and contained a provision for payment of double the face of the policy in case of the death of the insured resulting directly and independently from bodily injury effected solely through external, violent, and accidental cause. The policy...

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