NEW YORK LIFE INS. CO. v. TRUESDALE

No. 3874.

79 F.2d 481 (1935)

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

Circuit Court of Appeals, Fourth Circuit.

October 8, 1935.


Attorney(s) appearing for the Case

Pinckney L. Cain, of Columbia, S. C. (Thomas, Lumpkin & Cain, of Columbia, S. C., on the brief), for appellant.

Toy R. Gregory, of Lancaster, S. C. (Gregory & Gregory and Williams & Stewart, all of Lancaster, S. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.


PARKER, Circuit Judge.

This is an appeal from a decree dismissing a bill filed to secure the cancellation of a policy of life and disability insurance on account of false and fraudulent representations contained in the application. The court below found that the policy had been obtained by means of the false and fraudulent representations alleged, but held that, under section 7986 of the South Carolina Code; it had become incontestable as to its life insurance provisions...

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