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NEW YORK LIFE INS. CO. v. MELGARD

No. 5208.

74 F.2d 489 (1935)

NEW YORK LIFE INS. CO. v. MELGARD.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 5, 1935.

Attorney(s) appearing for the Case

Edwin S. Mack, Arthur W. Fairchild, and Bert Vandervelde, all of Milwaukee, Wis. (Miller, Mack & Fairchild, of Milwaukee, Wis., of counsel), for appellant.

Francis L. Brewer, of Richland Center, Wis., and Oscar T. Toebaas, and Harold M. Wilkie, both of Madison, Wis. (Brindley & Brewer, of Richland Center, Wis., and Richmond, Jackman, Wilkie & Toebaas, of Madison, Wis., of counsel), for appellee.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

ALSCHULER, Circuit Judge.

Appellant complains of a judgment against it rendered in an action on two Wisconsin insurance policies it had issued, one on November 26, 1924, and the other May 8, 1931, on the life of one Melgard, who died March 21, 1933, as the result of a gunshot wound. Each policy provided that in case of assured's self-destruction during the first two years of the policy recovery thereon should be for only the premiums paid thereon, and each policy...

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