NEW YORK LIFE INS. CO. v. McCARTHY

Nos. 5075, 5112.

22 F.2d 241 (1927)

NEW YORK LIFE INS. CO. v. McCARTHY (two cases).

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1927.


Attorney(s) appearing for the Case

Gessner T. McCorvey, of Mobile, Ala. (Gessner T. McCorvey and Stevens, McCorvey, McLeod, Goode & Turner, all of Mobile, Ala., on the brief), for appellant and plaintiff in error.

Gregory L. Smith, of Mobile, Ala., for appellee and defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

These two cases are considered together, as both of them relate to a life insurance policy in the sum of $5,000 issued on February 24, 1925, by the New York Life Insurance Company (herein called the insurer) to William P. McCarthy (herein called the insured) in favor of his wife (herein called the beneficiary). The insured died on November 6, 1926. On February 1, 1927, the insurer filed a bill in equity against the beneficiary, praying that...

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