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JEFFERS v. BANKERS' LIFE CO.

No. 6996.

71 F.2d 603 (1934)

JEFFERS v. BANKERS' LIFE CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1934.

Attorney(s) appearing for the Case

James B. Lewright, of San Antonio, Tex., for appellant.

Sam C. Eldridge, of San Antonio, Tex., Ireland Graves, of Austin, Tex., and R. B. Alberson, of Des Moines, Iowa, for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit is on a five-year term policy. The defense, lapse for failure to pay the second premium, prevailed below. Plaintiff here, complaining of the instructed verdict she suffered, insists that, notwithstanding his failure to pay the second premium as agreed, the policy was in force on October 13, 1925, when her husband died. Her claim is that on September 12, 1925, the date to which, by extension agreements, the right to pay the second...

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