WOLFBERG v. STATE MUT. LIFE ASSUR. CO.

No. 8423.

36 F.2d 171 (1929)

WOLFBERG v. STATE MUT. LIFE ASSUR. CO. OF WORCESTER, MASS.

Circuit Court of Appeals, Eighth Circuit.

November 18, 1929.


Attorney(s) appearing for the Case

Harry L. Jacobs, of Kansas City, Mo. (I. J. Ringolsky, M. L. Friedman, William G. Boatright, and Ringolsky, Friedman, Boatright & Jacobs, all of Kansas City, Mo., on the brief), for appellant.

Richard S. Righter, of Kansas City, Mo. (George J. Mersereau, John H. Lathrop, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, all of Kansas City, Mo., on the brief), for appellee.

Before BOOTH, Circuit Judge, and SANBORN and DEWEY, District Judges.


DEWEY, District Judge.

The suit is based on a contract of insurance issued by the State Mutual Life Assurance Company of Worcester, Mass., to and on the life of William J. Wolffsky.

The petition is in two counts. The first, an action at law, seeking to recover damages for the wrongful cancellation of the policy; and the second, an action in equity, seeking to have the policy declared in force at the time of the death of the insured, and for judgment thereon...

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