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SCHARLACH v. PACIFIC MUT. LIFE INS. CO.

No. 4888.

16 F.2d 245 (1926)

SCHARLACH v. PACIFIC MUT. LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

November 29, 1926.

Attorney(s) appearing for the Case

J. D. Wheeler, of San Antonio, Tex. (R. J. Boyle, Hill Grover, J. D. Wheeler, and Boyle, Ezell & Grover, all of San Antonio, Tex., on the brief), for plaintiff in error.

John H. Cunningham and A. N. Moursund, both of San Antonio, Tex. (John C. Wall and Cunningham & Moursund, all of San Antonio, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action on two policies of insurance alleged to have been issued on the life of Meyer Scharlach, and which were delivered to him on May 12, 1923. Each of the policies contained the provision that there shall be no liability under it until it shall be manually delivered to the applicant during his lifetime and good health. The claims asserted were resisted on the grounds: (1) That the deceased was not in good health when the policies...

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