HALSBAND v. COLUMBIAN NAT. LIFE INS. CO.

No. 40.

67 F.2d 863 (1933)

HALSBAND v. COLUMBIAN NAT. LIFE INS. CO.

Circuit Court of Appeals, Second Circuit.

December 11, 1933.


Attorney(s) appearing for the Case

Platt, Taylor & Walker, of New York City (Eli J. Blair, of New York City, of counsel), for appellant.

Julius S. Belfer and Belfer & Belfer, all of Brooklyn, N. Y. (Charles J. Belfer, of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This appeal is from an action at law upon a life insurance policy, removed from the state court for diversity of citizenship. The defence pressed is that the insured answered falsely certain questions in the application. He denied that he had "had any medical advice during the past five years," or "consulted" any "physician," or "suffered from, taken treatment for, or consulted a physician for any complaint or affection * * * of the throat...

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