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DRAKE v. MISSOURI STATE LIFE INS. CO.

No. 7731.

21 F.2d 39 (1927)

DRAKE v. MISSOURI STATE LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

July 28, 1927.

Attorney(s) appearing for the Case

Melton & Melton and Reford Bond, all of Chickasha, Okl., for plaintiff in error.

Frank Wells, of Oklahoma City, Okl. (D. I. Johnston, of Oklahoma City, Okl., and Morton Jourdan, F. L. English, and Allen May, all of St. Louis, Mo., on the brief), for defendant in error.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

JOHN B. SANBORN, District Judge.

Bernice Drake is the widow of J. F. Drake, deceased. On August 8, 1923, he signed an application for life insurance in the defendant company for $50,000 "on the term N. P. S. C. plan, A, B, C, or D. ____ rate." "N. P. S. C." meant nonprofit sharing convertible. Mr. H. J. Brown, one of the company's agents in Oklahoma, took the application, and forwarded it to the company. Mr. Drake told Mr. Brown that he wanted the cheapest policy...

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