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KELLY v. NEW ENGLAND MUT. LIFE INS. CO.

No. 4557.

52 F.2d 9 (1931)

KELLY v. NEW ENGLAND MUT. LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

August 27, 1931.

Attorney(s) appearing for the Case

Geo. J. Edwards, Jr., and Hiram B. Calkins, both of Philadelphia, Pa., for appellant.

Fraley & Paul, of Philadelphia, Pa. (Henry Paul and Henry N. Paul, Jr., both of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Mrs. Martha Ellen Kelly (who is since deceased and John P. Kelly, her administrator, being thereafter substituted) brought suit against the New England Mutual Life Insurance Company to recover on a policy of insurance. The facts in the case, about which there is no dispute, were: On September 27, 1912, the company issued a policy of insurance on the life of Thomas Francis Kelly. It was made payable to his wife, Martha...

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