PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. JOHNSON

No. 7474.

74 F.2d 367 (1934)

PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA v. JOHNSON.

Circuit Court of Appeals, Fifth Circuit.

December 20, 1934.


Attorney(s) appearing for the Case

Adair Rembert and George S. Wright, both of Dallas, Tex., for appellant.

M. B. Harrell, of Greenville, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was in equity to charge an insured as trustee of, and to recover back the indemnity appellant had paid on, a contract of accident insurance; also to cancel and annul the contract. The claim was that in his application for the policy and in that for settlement under it for the loss of an eye the insured had falsely and fraudulently represented that he had not had medical or surgical advice or treatment within seven years, and that...

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