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NEW YORK LIFE INS. CO. v. SEYMOUR

No. 5439.

45 F.2d 47 (1930)

NEW YORK LIFE INS. CO. v. SEYMOUR et al.

Circuit Court of Appeals, Sixth Circuit.

November 18, 1930.

Attorney(s) appearing for the Case

A. D. Baldwin, of Cleveland, Ohio (Wm. McE. Weldon, of Mansfield, Ohio, Garfield, Cross, MacGregor, Daoust & Baldwin, of Cleveland, Ohio, on the brief), for appellant.

L. H. Beam, of Mansfield, Ohio, and H. A. Beckett, of Cleveland, Ohio (W. F. Voegele, of Mansfield, Ohio, and Cannon, Spieth, Taggart, Spring & Annat, of Cleveland, Ohio, on the brief), for appellees.

Before DENISON and MACK, Circuit Judges, and RAYMOND, District Judge.

DENISON, Circuit Judge.

Seymour had a life insurance policy in the appellant company, issued in 1919. It contained the now common clause, by which, after two years, it should be incontestable except for nonpayment of premium. Early in 1928 it lapsed, for such nonpayment. Shortly thereafter, Seymour applied for its reinstatement under that clause of the policy which provided:

"Reinstatement. — At any time within five years after any default, upon written...

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