EQUITABLE LIFE ASSUR. SOC. v. FIRST NAT. BANK

No. 5606.

40 F.2d 817 (1930)

EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. FIRST NAT. BANK OF UNION SPRINGS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 25, 1930.


Attorney(s) appearing for the Case

R. E. Steiner, Jr., B. P. Crum, and Leon Weil, all of Montgomery, Ala., and L. M. Moseley, of Union Springs, Ala. (B. P. Crum, Leon Weil, and R. E. Steiner, Jr., all of Montgomery, Ala., Alexander & Green, of New York City, and Steiner, Crum & Weil, of Montgomery, Ala., on the brief), for appellant.

Ray Rushton, of Montgomery, Ala., and R. E. L. Cope, of Union Springs, Ala. (Ray Rushton, H. F. Crenshaw, Marion Rushton, and Rushton, Crenshaw & Rushton, all of Montgomery, Ala., and R. E. L. Cope, of Union Springs, Ala., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

This was an action by the appellee on two policies of insurance in the sum of $20,000 each issued in September, 1926, by the appellant upon the life of William C. Ellis, who died on October 25, 1926. Each of the policies contained the following provision: "Self-destruction sane or insane, within one year from the date of issue hereof, is a risk not assumed by the Society under this policy. In such an event the Society's liability shall be limited...

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