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

No. 2287.

55 F.2d 421 (1932)

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

District Court, D. Minnesota, Third Division.

January 21, 1932.

Attorney(s) appearing for the Case

Doherty, Rumble, Bunn & Butler, of St. Paul, Minn., for plaintiff.

A. J. Rockne, of Zumbrota, Minn., and George Nordlin, of St. Paul, Minn., for defendants.

SANBORN, District Judge.

This suit is one to cancel a policy of life insurance issued on the life of Alva A. Conley on December 28, 1929, because of alleged fraud. The insured died March 11, 1930. The defendants were his beneficiaries. Their contention is that the plaintiff has an adequate remedy at law.

The policy in question has a clause which provides that the policy "shall be incontestable after one year from its date of issue unless the Insured dies in...

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