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JEFFRESS v. NEW YORK LIFE INS. CO.

No. 3742.

74 F.2d 874 (1935)

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

Circuit Court of Appeals, Fourth Circuit.

January 8, 1935.

Attorney(s) appearing for the Case

John G. Dawson, of Kinston, N. C., and H. G. Connor, Jr., of Wilson, N. C., for appellants.

L. I. Moore, of New Bern, N. C., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a decree of the court below directing the cancellation of two policies of life insurance. The policies were for $5,000 and $1,000, respectively, and provided for monthly payments of $50 and $10 in case of the total and permanent disability of the assured. Both policies were issued January 21, 1930, and were incontestable except for nonpayment of premiums after two years. Within that period, this suit was instituted asking...

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