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NEW ENGLAND MUT. LIFE INS. CO. OF BOSTON, MASS. v. COHEN

No. 256.

83 F.2d 163 (1936)

NEW ENGLAND MUT. LIFE INS. CO. OF BOSTON, MASS., v. COHEN.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

Frederick E. Draper, of Troy, N. Y., for defendant-appellant.

Coplin Yaras, of Albany, N. Y., for plaintiff-appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This is a removed action which was originally brought in the New York Supreme Court, Albany county, by service and summons on November 2, 1934, by a citizen of New York against a Massachusetts corporation to recover disability payments alleged to be due and unpaid according to the terms of an insurance policy issued by the defendant to the plaintiff upon his life.

The policy, dated May 29, 1924, was written upon the annual premium basis...

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