NEW YORK LIFE INS. CO. v. TALLEY

No. 9849.

72 F.2d 715 (1934)

NEW YORK LIFE INS. CO. v. TALLEY.

Circuit Court of Appeals, Eighth Circuit.

September 4, 1934.


Attorney(s) appearing for the Case

John Inghram, of Des Moines, Iowa (Clifford V. Cox, Donald Evans, and William F. Riley, all of Des Moines, Iowa, on the brief), for appellant.

Neill Garrett, of Des Moines, Iowa (Gibson & Stewart, of Des Moines, Iowa, on the brief), for appellee.

Before SANBORN and BOOTH, Circuit Judges, and MUNGER, District Judge.


BOOTH, Circuit Judge.

This is an appeal from a judgment after verdict in favor of appellee, plaintiff below, in an action brought against appellant to recover disability income payments claimed to be due to appellee; also to recover the return of certain premiums paid by appellee — all under the provisions of a policy of insurance issued to appellee by appellant under date of July 9, 1923.

The policy in question is a regular life insurance contract...

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