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PRUDENTIAL INS. CO. OF AMERICA v. LOEWENSTEIN

No. 3740.

76 F.2d 479 (1935)

PRUDENTIAL INS. CO. OF AMERICA v. LOEWENSTEIN.

Circuit Court of Appeals, Fourth Circuit.

April 2, 1935.

Attorney(s) appearing for the Case

Philip H. Hill and Charles Ritchie, both of Charleston, W. Va. (Ritchie, Hill & Thomas, of Charleston, W. Va., on the brief), for appellant.

W. Chapman Revercomb and Robert S. Spilman, both of Charleston, W. Va. (W. Elliott Nefflen, Price, Smith & Spilman, and Koontz, Hurlbutt & Revercomb, all of Charleston, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and HAYES, District Judge.

SOPER, Circuit Judge.

An action at law in the District Court on an insurance policy on the life of Isaac Loewenstein resulted in a verdict in favor of his wife, Edna Herman Loewenstein, the beneficiary, in the sum of $52,500; and the Prudential Insurance Company of America, the insurer, appealed, setting up as its most important assignment of error the refusal of the court to direct a verdict in its favor. The defense was based on certain declarations or answers of...

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