ROSS v. NEW YORK LIFE INS. CO.

No. 6929.

68 F.2d 727 (1934)

ROSS v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

January 23, 1934.


Attorney(s) appearing for the Case

Chalmers Potter and Forrest B. Jackson, both of Jackson, Miss., for appellant.

William H. Watkins, of Jackson, Miss., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

This is an action on a life insurance policy. The defense, that the policy lapsed for the nonpayment of premiums, was upheld by the district judge, who at the close of the evidence directed a verdict in favor of the insurance company. The beneficiary, who was plaintiff below, appeals and contends here that the failure to pay a premium, on account of which the policy lapsed, was waived by the insurance company.

The policy was issued December...

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