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MOREAU v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 1028 A.

7 F.Supp. 102 (1934)

MOREAU v. MASSACHUSETTS MUT. LIFE INS. CO.

District Court, W. D. New York.

May 21, 1934.

Attorney(s) appearing for the Case

Baker & Cookman, of Niagara Falls, N. Y., for plaintiff.

Dudley, Stowe & Sawyer, Roy P. Ohlin, and Mason O. Damon, all of Buffalo, N. Y., for defendant.

KNIGHT, District Judge.

A policy of life insurance in the sum of $5,000 was issued to Robert C. Moreau on April 27, 1926. Plaintiff was the beneficiary therein named. Insured died August 24, 1932. The question at issue is whether such policy of insurance lapsed for nonpayment of the premium.

The application for the insurance was dated April 18, 1926. It states that the first premium had not been paid, and also contains this provision: "I understand and agree...

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