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SUBAR v. NEW YORK LIFE INS. CO.

No. 5916.

60 F.2d 239 (1932)

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

Circuit Court of Appeals, Sixth Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

J. M. Dunham, of Grand Rapids, Mich. (Dunham, Cholette & Allaben, of Grand Rapids, Mich., on the brief), for appellants.

E. H. Johnson, of Grand Rapids, Mich. (Travis, Merrick, Johnson & McCobb, of Grand Rapids, Mich., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

This is a suit to recover on two policies of insurance issued upon the life of Jacob Subar. The policies were issued upon an application signed by the insured May 6, 1929, were dated May 24, 1929, and were delivered and accepted June 3, 1929. The insured died August 31, 1929. The insurance company relied upon two defenses: First, that the insured consulted a physician between the date of his application...

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