MOSS v. ÆTNA LIFE INS. CO.

No. 6511.

73 F.2d 339 (1934)

MOSS et al. v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1934.


Attorney(s) appearing for the Case

Scott Fitzhugh, of Memphis, Tenn. (W. W. Swift and Henry M. Crymes, both of Memphis, Tenn., on the brief), for appellants.

Benjamin Goodman, Jr., of Memphis, Tenn. (Walter P. Armstrong and Armstrong, McCadden & Allen, all of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

The suit below was on three policies of life and double indemnity accident insurance brought by the beneficiary and assignee, and, from a judgment upon directed verdict for the defendant company, the plaintiffs appeal.

The company's defense, sustained by the court below, was that the policies lapsed without value for nonpayment of premiums prior to the death of the insured. Conceding default in the payment of premium last due on each...

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