W. H. MARKELL & CO. v. MUTUAL BEN. LIFE INS. CO.

No. 6861.

63 F.2d 193 (1933)

W. H. MARKELL & CO. v. MUTUAL BEN. LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

February 6, 1933.


Attorney(s) appearing for the Case

C. C. Hall and E. L. Wilson, both of Portland, Or., for appellant.

Wood, Montague & Matthiessen, of Portland, Or., for appellee.

Before MACK, Circuit Judge, and KERRIGAN and ST. SURE, District Judges.


MACK, Circuit Judge.

This is an appeal from a decree dismissing, on the merits, after trial, a bill to reinstate a $10,000 ordinary life policy issued by appellee, September 12, 1917, on the life of W. H. Markell, the deceased, and payable absolutely to appellant. On November 6, 1917, at Markell's request, the premium payments, all of which were made by appellant, were made payable quarterly. On November 7, 1928, appellant by Markell signed a certificate authorizing...

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