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BRANCATO v. NATIONAL RESERVE LIFE INS. CO.

No. 8605.

35 F.2d 612 (1929)

BRANCATO v. NATIONAL RESERVE LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

November 6, 1929.

Attorney(s) appearing for the Case

J. Francis O'Sullivan, of Kansas City, Mo. (George Halpern, of Kansas City, Mo., on the brief), for appellant.

Robert Stone, of Topeka, Kan. (James A. McClure, Robert L. Webb, and Beryl R. Johnson, all of Topeka, Kan., on the brief), for appellee.

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and WOODROUGH, District Judge.

WOODROUGH, District Judge.

A mother and daughter each signed a written application for a joint policy of insurance to be written on the two lives. They were examined by the local medical examiner of the insurance company, were deemed insurable by him, delivered the amount of the first annual premium in cash to the company's agent, and accepted a so-called "binding receipt" therefor, as follows:

"No. 42071 Binding...

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