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PENN MUT. LIFE INS. CO. v. MILLER

No. 76.

16 F.2d 13 (1926)

PENN MUT. LIFE INS. CO. OF PHILADELPHIA v. MILLER.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.

Attorney(s) appearing for the Case

Winthrop & Stimson, of New York City (Allen T. Klots and Arthur E. Pettit, both of New York City, of counsel), for plaintiff in error.

Wilber, Norman & Kahn, of New York City (Mark W. Norman, of New York City, of counsel), for defendant in error.

Before HOUGH, HAND, and MACK, Circuit Judges.

MACK, Circuit Judge.

This writ of error is brought to reverse a judgment for the face amount, with interest, of five policies, of $25,000 each, of insurance issued by plaintiff in error (hereinafter called defendant) on the life of Arthur Miller, and payable to defendant in error (hereinafter called plaintiff), his wife.

The policies are dated the 29th day of October, 1923; premiums are payable quarter-annually in advance. Each policy contains the following...

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