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NEW YORK LIFE INS. CO. v. YERYS

No. 3925.

80 F.2d 264 (1935)

NEW YORK LIFE INS. CO. v. YERYS et al.

Circuit Court of Appeals, Fourth Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

Thomas L. Johnson, of Asheville, N. C. (T. A. Uzzell, Jr., and Johnson, Rollins & Uzzell, all of Asheville, N. C., and Louis H. Cooke, of New York City, on the brief), for appellant.

J. M. Horner, Jr., of Asheville, N. C. (J. A. Patla and Johnston & Horner, all of Asheville, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is a suit to cancel the disability feature of a life and disability insurance policy on account of false and fraudulent representations contained in the application. The judge below held that, as the policy had been in force for more than two years, it had become incontestable on this ground, under the terms of the incontestability clause which it contained. We think that this was correct. The incontestability

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