NEW YORK LIFE INS. CO. v. STONE

No. 3063.

80 F.2d 614 (1935)

NEW YORK LIFE INS. CO. v. STONE.

Circuit Court of Appeals, First Circuit.

November 27, 1935.


Attorney(s) appearing for the Case

F. H. Nash and Charles P. Curtis, both of Boston, Mass. (Louis H. Cooke, of New York City, and Bailey Aldrich, of Boston, Mass., on the brief), for appellant.

Bennett Sanderson, of Boston, Mass. (Geoffrey Bolton, of Boston, Mass., on the brief), for appellee.

Before BINGHAM and MORTON, Circuit Judges, and PETERS, District Judge.


BINGHAM, Circuit Judge.

This is an action at law brought against the Insurance Company to recover the double indemnity provided for in each of two policies issued by it on the life of Charles F. Wheeler. In one of the policies the plaintiff was made the beneficiary. The other was made payable to Wheeler's estate, but since his death has been assigned by his administrator to the plaintiff, who now owns it.

The declaration contains two counts. The first is based...

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