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JENSEN v. NEW YORK LIFE INS. CO.

No. 9018.

50 F.2d 512 (1931)

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

Circuit Court of Appeals, Eighth Circuit.

May 9, 1931.

Attorney(s) appearing for the Case

C. C. Fraizer, of Aurora, Neb., for appellants.

William C. Michaels, of Kansas City, Mo. (R. M. Switzler, of Omaha, Neb., C. A. Randolph, of Kansas City, Mo., Louis H. Cooke, of New York City, and Meservey, Michaels, Blackmar, Newkirk & Eager, of Kansas City, Mo., on the brief), for appellee.

Before VAN VALKENBURGH, BOOTH, and GARDNER, Circuit Judges.

BOOTH, Circuit Judge.

This is an appeal from a decree canceling a policy of life and disability insurance.

The facts are shortly as follows: The appellant Jensen, defendant below, made application for the policy to Mr. Tucker, a soliciting agent of the plaintiff, about January 7, 1928. The application contained the following provisions: "It is mutually agreed as follows: 1. That the insurance hereby applied for shall not take effect unless and until the policy...

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