NEW YORK LIFE INS. CO. v. BAKER

No. 4130.

33 F.2d 434 (1929)

NEW YORK LIFE INS. CO. v. BAKER.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 17, 1929.


Attorney(s) appearing for the Case

Bert Vandervelde, of Milwaukee, Wis., for appellant.

H. A. Sawyer, of Milwaukee, Wis., and M. J. Paul, of Berlin, Wis., for appellee.

Before ALSCHULER and PAGE, Circuit Judges, and LUSE, District Judge.


ALSCHULER, Circuit Judge.

No contention was or is made, nor properly could be, that the first premium was not paid prior to the death. It is appellant's contention and defense that the insurance never became effective because the policy was never delivered to or received by the applicant in her lifetime, and it is this question, arising under the quite exceptional circumstances here presented, which must determine the rights of the parties.

The contract, as...

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