PRUDENTIAL INS. CO. OF AMERICA v. MORRIS

No. 5253.

72 F.2d 824 (1934)

PRUDENTIAL INS. CO. OF AMERICA v. MORRIS, for Use of YESKO.

Circuit Court of Appeals, Third Circuit.

August 28, 1934.


Attorney(s) appearing for the Case

A. A. Vosburg and A. Floyd Vosburg, both of Scranton, Pa., for appellant.

Frank L. Pinola, of Wilkes-Barre, Pa., Nathan Hyman, of Pittston, Pa., and David J. Reedy, of Scranton, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

In this action to recover the accidental death benefit of $25,000 in a policy of insurance on the life of George Yesko, who died June 12, 1930, from the effect of carbon monoxide poisoning, the defendant, the Prudential Insurance Company, relied principally on the defense of suicide by the insured.

At the trial, which resulted in a verdict and judgment for the plaintiff, the defendant offered certain evidence tending to show that there...

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