GREAT SOUTHERN LIFE INS. CO. v. BURWELL

No. 4585.

12 F.2d 244 (1926)

GREAT SOUTHERN LIFE INS. CO. v. BURWELL.

Circuit Court of Appeals, Fifth Circuit.

March 1, 1926.


Attorney(s) appearing for the Case

R. H. Thompson, of Jackson, Miss., and W. A. Vinson and Fred R. Switzer, both of Houston, Tex., for plaintiff in error.

J. F. Barbour, of Yazoo City, Miss., and A. M. Pepper, of Lexington, Miss. (Boothe & Pepper, of Lexington, Miss., and Barbour & Henry, of Yazoo City, Miss., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

In this case it appears that plaintiff in error, hereafter referred to as the insurance company, a Texas corporation, issued two policies of insurance on the life of John Emmet Cunningham, each for $5,000. The policies were dated September 30, 1923, and contained a provision making them incontestable from two years after the date of issue, except for nonpayment of premiums, etc. The application of the insured contained this clause: "This application...

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