WRIGHT v. PHILADELPHIA LIFE INS. CO.


25 F.2d 514 (1927)

WRIGHT v. PHILADELPHIA LIFE INS. CO. OF PHILADELPHIA, PA.

District Court, E. D. South Carolina.

November 17, 1927.


Attorney(s) appearing for the Case

Lee & Moise and Harmon D. Moise, all of Sumter, S. C., for plaintiff.

Thomas & Lumpkin, of Columbia, S. C., and Edward J. Boughton, of Philadelphia, Pa., for defendant.


ERNEST F. COCHRAN, District Judge.

This is an action at law upon a life insurance policy, and the defense is suicide. The defendant now moves for a directed verdict in its favor, on the ground that the suicide occurred within two years from the date of the policy and is a risk which by the terms of the policy was not assumed. The plaintiff contends that the policy provides that it shall be incontestable after two years from its date, and that, inasmuch as defendant...

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