NEW YORK LIFE INS. CO. v. McCREARY

No. 9402.

60 F.2d 355 (1932)

NEW YORK LIFE INS. CO. v. McCREARY.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 27, 1932.


Attorney(s) appearing for the Case

Claude A. Davis, of Grand Island, Neb. (J. L. Cleary and William Suhr, both of Grand Island, Neb., on the brief), for appellant.

J. M. FitzGerald, of Scottsbluff, Neb. (L. L. Raymond, of Scottsbluff, Neb., on the brief), for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.


GARDNER, Circuit Judge.

The appellee as plaintiff below brought this action to recover $4,000 upon an alleged contract of insurance upon the life of her daughter, Mary Belle McCreary. The parties will be referred to as they appeared in the lower court. The defendant contends that no contract of insurance ever became effective.

On January 31, 1929, Mary Belle McCreary, daughter of the plaintiff, was solicited to take out insurance upon her life by a soliciting...

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