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BUSINESS MEN'S ASSUR. CO. v. SCOTT

No. 7305.

17 F.2d 4 (1927)

BUSINESS MEN'S ASSUR. CO. OF AMERICA v. SCOTT.

Circuit Court of Appeals, Eighth Circuit.

January 17, 1927.

Attorney(s) appearing for the Case

Solon T. Gilmore, of Kansas City, Mo. (S. Harrison White, of Denver, Colo., and John Gilmore, of Kansas City, Mo., on the brief), for plaintiff in error.

John A. Cross, of Denver, Colo. (Con K. O'Byrne, of Denver, Colo., on the brief), for defendant in error.

Before KENYON, Circuit Judge, and SCOTT and SANBORN, District Judges.

JOHN B. SANBORN, District Judge.

George C. Scott, the husband of Dora A. Scott, was the insured under an accident policy dated October 30, 1920, by which the assurance company agreed to pay to his beneficiary $5,000 in case the insured lost his life as a result of injuries caused exclusively by accidental means (excluding suicide, sane or insane). Premiums were due August 1st in each year. On August 1, 1923, the insured failed to pay the premium then due, but did...

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