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MUTUAL LIFE INS. CO. OF NEW YORK v. GREGG

Nos. 5174-5176.

32 F.2d 567 (1929)

MUTUAL LIFE INS. CO. OF NEW YORK, v. GREGG et al. EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. SAME. SAME v. SHEEHAN.

Circuit Court of Appeals, Sixth Circuit.

May 7, 1929.

Attorney(s) appearing for the Case

F. J. Wright, of Columbus, Ohio, for Insurance Cos.

Frederick L. Allen, of New York City (Arnold, Wright & Harlor, of Columbus, Ohio, on the brief), for Mutual Life Ins. Co.

Alexander & Green, of New York City (Arnold, Wright & Harlor, of Columbus, Ohio, on the brief), for Equitable Life Assur. Soc.

Robert T. Scott, of Cambridge, Ohio (Scott & Scott and James W. Bell, all of Cambridge, Ohio, on the brief), for appellees.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

If Gregg, the insured under the life insurance policies sued upon in these three cases (tried together), committed suicide, the policies forbade recovery. Suicide or not was the only issue. The jury found for the plaintiffs. The insurers contend that a verdict should have been directed for them.

The contention depends, first, upon a matter of pleading. The policies provided double indemnity in case of accidental death, and the petitions...

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