NEW YORK LIFE INS. CO. v. GAY

No. 5242.

36 F.2d 634 (1929)

NEW YORK LIFE INS. CO. v. GAY.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1929.


Attorney(s) appearing for the Case

Wm. Marshall Bullitt, of Louisville, Ky. (John E. Tarrant and Bruce & Bullitt, all of Louisville, Ky., on the brief), for appellant.

James M. Benton, of Winchester, Ky. (Benton & Davis, of Winchester, Ky., on the brief), for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and HAHN, District Judge.


HAHN, District Judge.

The plaintiff below brought this action in the circuit court for Clark county, Ky., as beneficiary of a policy of life insurance by which the defendant had insured the life of his testator, David S. Gay. The case was removed for diversity of citizenship to the United States District Court for the Eastern District of Kentucky. The application for said insurance policy was dated March 13, 1923, and a policy in the

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