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

No. 6172.

49 F.2d 1019 (1931)

MUTUAL LIFE INS. CO. OF NEW YORK v. TABB et al.

Circuit Court of Appeals, Fifth Circuit.

May 25, 1931.


Attorney(s) appearing for the Case

J. Harvey Thompson, of Jackson, Miss. (Robert H. Thompson, of Jackson, Miss., and Frederick L. Allen, of New York City, on the brief), for appellant.

Thomas L. Haman, of Houston, Miss., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

The Mutual Life Insurance Company of New York issued a policy of insurance on the life of Henry J. Bullard, payable to his estate. There was attached to the policy, and made a part of the insurance contract, a written application signed by Bullard which provided: "The proposed policy shall not take effect unless and until delivered to and received by the Insured, the Beneficiary or by the person who herein agrees to pay the premiums, during the...

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