ATLANTIC LIFE INS. CO. v. STRINGER

No. 5425.

28 F.2d 665 (1928)

ATLANTIC LIFE INS. CO. v. STRINGER et al.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1928.


Attorney(s) appearing for the Case

Jelks J. Cabaniss, of Birmingham, Ala. (Cabaniss, Johnston, Cocke & Cabaniss, of Birmingham, Ala., on the brief), for appellant.

W. W. Callahan and G. O. Chenault, both of Decatur, Ala., for appellees.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.


BRYAN, Circuit Judge.

Appellees, as beneficiaries of a policy of insurance on the life of William L. Stringer, brought suit and obtained a verdict and judgment against appellant insurance company.

It is the contention of appellant here that the trial court erred in failing to direct a verdict in its favor, because of material misrepresentations by the insured, in that he made false and fraudulent answers to two questions contained in the written application...

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