BERRYHILL v. ELLETT

No. 743.

64 F.2d 253 (1933)

BERRYHILL v. ELLETT et al.

Circuit Court of Appeals, Tenth Circuit.

April 1, 1933.


Attorney(s) appearing for the Case

Ben B. Blakeney, of Oklahoma City, Okl. (Wallace & Wallace, Tom Wallace and Wayne Lasater, all of Sapulpa, Okl., and Creekmore Wallace, of Oklahoma City, Okl., on the brief), for appellant.

N. A. Gibson, of Tulsa, Okl., for appellee Elmer S. Emmert.

Villard Martin, of Tulsa, Okl. (Geo. S. Ramsey, Edgar A. de Meules, and Garrett Logan, all of Tulsa, Okl., on the brief), for appellee Northwestern Mut. Life Ins. Co.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


PHILLIPS, Circuit Judge.

On July 8, 1926, the Insurance Company issued to Berryhill its policy of life insurance for the face value of $150,000. The first annual premium of $7,264.50 was payable on or before the date of the policy, and the remaining premiums were payable on or before July 8 of each year thereafter until ten full years' premiums were paid, or until the prior death of the insured.

Emmert was the general agent of the Insurance Company for eastern...

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