DREEBEN v. MUTUAL LIFE INS. CO.

No. 5372.

29 F.2d 963 (1929)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1929.


Attorney(s) appearing for the Case

George S. Wright, of Dallas, Tex. (Thompson, Knight, Baker & Harris, of Dallas, Tex., on the brief), for appellant.

Eugene P. Locke and Albert S. Johnson, both of Dallas, Tex. (Locke, Locke, Stroud & Randolph, of Dallas, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

Appellant was the beneficiary of an insurance policy on the life of her deceased husband, and brought this suit to recover the face amount of such policy; but the insurance company obtained judgment based on its defense to the effect that the insured, by his failure to pay an annual premium that fell due during his lifetime, had permitted the policy to lapse.

The policy was issued January 1, 1921. It was a "yearly renewable term" policy...

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