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HOME LIFE INS. CO. v. SIPP

No. 3351.

11 F.2d 474 (1926)

HOME LIFE INS. CO. v. SIPP.

Circuit Court of Appeals, Third Circuit.

March 12, 1926.

Attorney(s) appearing for the Case

Joseph L. Kun, of Philadelphia, Pa., and S. J. Rosenblum and Robert Carey, both of New York City, for plaintiff in error.

Holman & Buchanan (Susan Brandeis, of New York City, of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

Katharine V. Sipp, the plaintiff, brought this suit, as beneficiary, against the Home Life Insurance Company, the defendant, to recover $3,000, together with interest and costs, on a policy insuring the life of her mother. The defendant pleaded to the merits and (informally, yet certainly) interposed a counterclaim for money loaned on the policy, which, being unpaid, it claimed is deductible from any sum that might be found due. At the trial...

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