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NEW YORK LIFE INS. CO. v. GOERLICH

No. 4191.

11 F.2d 838 (1926)

NEW YORK LIFE INS. CO. v. GOERLICH.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1926.

Attorney(s) appearing for the Case

Francis J. Wright, of Columbus, Ohio (Louis H. Cooke, of New York City, Arnold & Wright, of Columbus, Ohio, and Ritter & Schminck, of Toledo, Ohio, on the brief), for plaintiff in error.

Silas E. Hurin, of Toledo, Ohio (Hoke Donithen, of Marion, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

This is an action on an insurance policy for $5,000, issued April 28, 1922, upon the life of Alpha S. Goerlich, who died August 2, 1922. There was a judgment in the District Court for the beneficiary, wife of the insured. The defense was false representations material to the risk, inducing the company to issue the policy. The refusal of the court to instruct the jury to return a verdict for defendant on that ground is one of the assignments...

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