MISSOURI STATE LIFE INS. CO. v. GUESS

No. 2536.

17 F.2d 450 (1927)

MISSOURI STATE LIFE INS. CO. v. GUESS.

Circuit Court of Appeals, Fourth Circuit.

January 27, 1927.


Attorney(s) appearing for the Case

James M. Hull, Jr., of Augusta, Ga. (Hull, Barrett & Willingham, of Augusta, Ga., and Middleton & Middleton, of Charleston, S. C., on the brief), for appellant.

E. H. Callaway, of Augusta, Ga., and P. F. Henderson, of Aiken, S. C. (Callaway & Howard, of Augusta, Ga., and Hendersons & Salley, of Aiken, S. C., on the brief), for appellee.

Before ROSE and PARKER, Circuit Judges, and McCLINTIC, District Judge.


PARKER, Circuit Judge.

This was a suit to cancel a policy of life insurance on the ground of fraud. On February 1, 1915, the company issued its policy No. 97204 on the life of insured, providing for the payment of an annual premium of $313.90. In 1923 it was discovered that the age of insured had been erroneously stated as 37 years, instead of 35 years, in the application, and thereupon the original policy was canceled, and a new policy, numbered 453246, was issued...

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