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

No. 5365.

31 F.2d 35 (1929)

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

Circuit Court of Appeals, Fifth Circuit.

March 5, 1929.

Attorney(s) appearing for the Case

Robert H. Thompson and J. Harvey Thompson, both of Jackson, Miss. (Frederick L. Allen, of New York City, on the brief), for appellant.

R. C. Stovall, of Okolona, Miss., for appellee.

Before WALKER and FOSTER, Circuit Judges, and GRUBB, District Judge.

WALKER, Circuit Judge.

This was an action on two insurance policies on the life of Mabry L. Abernethy. Each of the policies was issued in May, 1926, and contained the following provision:

"Suicide. In the event of the self-destruction of the Insured, whether sane or insane, within one year after the date of issue of this Policy, the amount payable shall be limited to an amount equal to the premiums paid hereon."

The insured came to his death on January...

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