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NEW YORK LIFE INS. CO. v. STEWART

No. 7165.

69 F.2d 957 (1934)

NEW YORK LIFE INS. CO. v. STEWART.

Circuit Court of Appeals, Fifth Circuit.

April 12, 1934.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., Louis H. Cooke, of New York City, and Harold W. Hill, of Alexandria, La., for appellant.

J Fair Hardin, of Shreveport, La., and A. B. Cavanaugh, of Leesville, La., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

The appellant issued a policy of insurance, dated February 27, 1931, on the life of Jesse L. Stewart, who died on October 28, 1931. That policy was issued in pursuance of a written application, signed by the insured, which was attached to the policy and expressly made a part of it. That application contained the following questions and answers thereto:

"7 A. Have you had any accident or injury or undergone any surgical operation?" "No...

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