NEW YORK LIFE INS. CO. v. ROSITZKY

No. 8825.

45 F.2d 758 (1930)

NEW YORK LIFE INS. CO. v. ROSITZKY.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 12, 1931.


Attorney(s) appearing for the Case

Frank H. Sullivan, of St. Louis, Mo. (Cyrus Crane, George J. Mersereau and Richard S. Righter, all of Kansas City, Mo., and James C. Jones, Lon O. Hocker, and James C. Jones, Jr., all of St. Louis, Mo., on the brief), for appellant.

Benjamin Phillip, of St. Joseph, Mo. (Culver, Phillip & Voorhees, of St. Joseph, Mo., on the brief), for appellee.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.


KENYON, Circuit Judge.

Appellee as beneficiary brought suit on four life insurance policies issued by appellant upon the life of Philip Rositzky, a resident of Missouri. This appeal relates to only one thereof, liability being unquestioned as to the others. Upon the policy in question (No. 6659088), appellant admits liability for $5,000, but contests the right to recover the additional $5,000 which the policy provides shall be paid if the death of insured results...

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