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MUTUAL TRUST LIFE INS. CO. v. OSSEN

No. 346.

77 F.2d 317 (1935)

MUTUAL TRUST LIFE INS. CO. v. OSSEN et ux.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.

Attorney(s) appearing for the Case

Goldstein & Goldstein, of New York City (David Goldstein and Thomas G. Frost, both of New York City, of counsel), for appellants.

Philip J. Ross, of New York City (John J. Cunneen, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This litigation is concerned with a policy of insurance issued by an Illinois corporation. It was dated April 20, 1930, and was received by the defendant Samuel J. Ossen, a resident of New York, on May 5th or 6th, at which time, or shortly thereafter, he paid the first premium. The policy purported to insure his life in the sum of $5,000 payable to his wife as beneficiary, and to provide for monthly payments to him in the event of his total and...

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