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SILVERMAN v. NEW YORK LIFE INS. CO.

No. 5006.

66 F.2d 554 (1933)

SILVERMAN et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Third Circuit.

July 18, 1933.

Attorney(s) appearing for the Case

Moorhead & Marshall, of Beaver, Pa., and M. M. Demond and Sachs & Caplan, all of Pittsburgh, Pa. (Charles H. Sachs, of Pittsburgh, Pa., and Forrest G. Moorhead, of Beaver, Pa., of counsel), for appellants.

Wm. H. Eckert, of Pittsburgh, Pa., Louis H. Cooke, of New York City, William J. Kyle, Jr., and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

The pertinent, decisive facts in this case are as follows: Plaintiffs' decedent had a life insurance policy of defendant dated June 7, 1918. The premium thereon fell due November 22, 1930. Within the thirty-day leeway decedent's son sent defendant his own check. In his letter he said: "I am mailing a check of $107.36 for policy #6305174 — S5 as my father is now in Chicago and I am a little short of cash at this time. Please send in...

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