MARYLAND CASUALTY CO. v. MASSEY

No. 5235.

38 F.2d 724 (1930)

MARYLAND CASUALTY CO. v. MASSEY.

Circuit Court of Appeals, Sixth Circuit.

On Rehearing April 15, 1930.


Attorney(s) appearing for the Case

E. B. Klewer, of Memphis, Tenn. (Klewer, Gailor & Exby, of Memphis, Tenn., on the brief), for appellant.

H. D. Minor, of Memphis, Tenn. (Burch, Minor & McKay, of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and SIMONS, District Judge.


SIMONS, District Judge.

This is a suit upon an accident insurance policy issued to John T. Massey, in which the plaintiff was named the beneficiary in the event of death. On the morning of February 22, 1927, the insured, while in excellent health, plucked a hair from his nose. Thirty-six hours later evidence of infection developed, and on the 24th a pimple had formed on the base of his nose. This was given medical attention, but septicemia of a violent type had set...

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