MUTUAL LIFE INS. CO. v. LAMBERT

No. 880.

34 F.2d 215 (1929)

MUTUAL LIFE INS. CO. OF NEW YORK v. LAMBERT et al.

District Court, W. D. Missouri, W. D.

July 16, 1929.


Attorney(s) appearing for the Case

Meservey, Michaels, Blackmar, Newkirk, & Eager, of Kansas City, Mo., for plaintiff.

Vane C. Thurlo, of Browning, Mo., Murrell & Murrell, of Kirksville, Mo., and Wright & Warrick, of Kansas City, Mo., for defendants.


REEVES, District Judge.

This is a motion by plaintiff under equity rule 33 (28 USCA § 723) to test the sufficiency of an answer filed by the defendants.

By its bill the plaintiff seeks a cancellation of one of its policies of insurance in the sum of $5,000, with special benefits, issued upon the life of the defendant Everett W. Lambert, with the defendant Birdie M. Lambert named as beneficiary.

Said policy was dated January 21, 1927, and contained...

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