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PENDLETON v. PAN AMERICAN LIFE INS. CO.

No. 5782.

56 F.2d 935 (1932)

PENDLETON v. PAN AMERICAN LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

March 18, 1932.

Attorney(s) appearing for the Case

J. W. Howard, of Prestonsburg, Ky. (W. Porter Mayo, of Prestonsburg, Ky., and Geo. B. Martin, of Catlettsburg, Ky., on the brief), for appellant.

Wm. Marshall Bullitt, of Louisville, Ky. (R. Lee Blackwell and Bruce & Bullitt, all of Louisville, Ky., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

On July 28, 1919, the appellee issued a policy of insurance for $5,000 upon the life of Edgar Wallace Pendleton, the appellant's intestate. Pendleton paid the first four annual premiums on their due dates, but when the fifth premium became due he was unable to pay it and executed his note therefor to the company. The sixth premium, due July 28, 1924, was not paid, and the policy lapsed. Pendleton died June 23, 1926, and his administratrix,...

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