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ROSE v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 4527.

19 F.2d 280 (1927)

ROSE et ux. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

May 12, 1927.

Attorney(s) appearing for the Case

J. J. Greenleaf, of Richmond, Ky. (Burnam & Greenleaf, of Richmond, Ky., and L. L. & G. C. Walker, of Lancaster, Ky., on the brief), for appellants.

Helm Bruce, of Louisville, Ky. (Wm. Marshall Bullitt, of Louisville, Ky., Frederick L. Allen, of New York City, and Bruce & Bullitt, of Louisville, Ky., on the brief), for appellee.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

This is a suit to cancel two life insurance policies issued to Grover C. Rose: One for $3,000, dated July 25, 1919; and the other for $2,000, dated August 14, 1919. Annie P. Rose, the wife of the insured, was named beneficiary in both policies. The bill was filed December 26, 1922, and alleged that Rose, in applying for the policies, made materially false statements and representations, upon which the insurance company relied in issuing the...

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