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TATUM v. GUARDIAN LIFE INS. CO.

No. 218.

75 F.2d 476 (1935)

TATUM v. GUARDIAN LIFE INS. CO.

Circuit Court of Appeals, Second Circuit.

February 4, 1935.

Attorney(s) appearing for the Case

Holm, Whitlock & Scarff, of New York City (Victor E. Whitlock, of New York City, of counsel), for appellant.

House, Holthusen & McCloskey, of New York City (Victor House and Spencer Pinkham, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff, the beneficiary of a "double indemnity" life insurance policy, sued for the full amount, made up, as to one-half, of ordinary life insurance; as to the other, of insurance against death by accident. As a defence to the action for the first half the insurer alleged that the insured had allowed the policy to lapse by default for thirty days in the payment of a premium, due January 5, 1933. That on February 8, 1933, he applied to...

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