CONTINENTAL CASUALTY CO. v. YERXA

No. 2717.

16 F.2d 473 (1926)

CONTINENTAL CASUALTY CO. v. YERXA.

District Court, D. Massachusetts.

December 16, 1926.


Attorney(s) appearing for the Case

Joseph Wentworth, of Boston, Mass., for plaintiff.

Edmund K. Arnold, of Boston, Mass., for defendant.


MORTON, District Judge.

The present question arises on a motion to dismiss in the nature of a general demurrer to the plaintiff's bill.

The facts alleged in the bill may be summarized as follows: Herbert Yerxa applied to the plaintiff on June 12, 1922, for accident and health insurance. In his application he made certain material statements and warranties about his previous health. The company accepted the application and issued the policy in ignorance of...

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