SCHWARTZ v. NORTHERN LIFE INS. CO.

No. 5318.

25 F.2d 555 (1928)

SCHWARTZ v. NORTHERN LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 14, 1928.


Attorney(s) appearing for the Case

E. S. Bell, of Oakland, Cal., and Ford, Johnson & Bourquin, George K. Ford, Elliott Johnson, and M. M. Bourquin, all of San Francisco, Cal., for plaintiff in error.

Knight, Boland & Christin, of San Francisco, Cal. (John H. Riordan, of San Francisco, Cal., of counsel), for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


GILBERT Circuit Judge (after stating the facts as above).

The principal question presented in the case is upon what date the policy became effective. The appellant says it was August 2, 1924. The appellee says it was August 14, 1924. The date from which a policy becomes effective is not necessarily determined by the date which it bears or the date of its execution or the date of its delivery or by the date when the first premium is paid. It is the date from which...

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