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NEW YORK LIFE INS. CO. v. TOLBERT

No. 527.

55 F.2d 10 (1932)

NEW YORK LIFE INS. CO. v. TOLBERT.

Circuit Court of Appeals, Tenth Circuit.

January 5, 1932.

Attorney(s) appearing for the Case

Henry McAllister, of Denver, Colo. (Louis H. Cooke, of New York City, on the brief), for appellant.

Erskine R. Myer, of Denver, Colo. (Norton Montgomery, of Denver, Colo., on the brief), for appellee.

Before COTTERAL and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

COTTERAL, Circuit Judge.

The appellant issued a policy, dated August 23, 1928, for $10,000, to Don A. Tolbert, naming his wife, the appellee, as his beneficiary, in consideration of an annual premium of $363, for the period of one year from said date, and a like payment each year thereafter. He died on December 30, 1929. After proofs of the death were furnished by the appellee to the company and payment of the insurance was refused, she brought this suit on the policy...

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