MASSACHUSETTS PROTECTIVE ASS'N v. PICARD

No. 7379.

76 F.2d 684 (1935)

MASSACHUSETTS PROTECTIVE ASS'N, Inc., v. PICARD.

Circuit Court of Appeals, Fifth Circuit.

April 9, 1935.


Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., and Frederick H. Nash, of Boston, Mass., for appellant.

Elias Goldstein, of Shreveport, La., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


BRYAN, Circuit Judge.

In an action on the health feature of an insurance policy the insured, Dr. Picard, recovered judgment upon a trial held before the district judge without a jury. Pending this appeal by the insurance company the insured died, and his administratrix was substituted as appellee. The only material assignment of error is that the court erred in refusing to grant appellant's motion for a judgment in its favor.

The policy sued on insures against...

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