NEW YORK LIFE INS. CO. v. WOLF

No. 10592.

85 F.2d 162 (1936)

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

Circuit Court of Appeals, Eighth Circuit.

July 30, 1936.


Attorney(s) appearing for the Case

M. T. Woods, of Sioux Falls, S. D. (J. H. Voorhees, T. M. Bailey, and Roswell Bottum, all of Sioux Falls, S. D., on the brief), for appellant.

Julius Skaug, of Mobridge, S. D. (Pat Morrison, of Mobridge, S. D., on the brief), for appellees.

Before WOODROUGH and THOMAS, Circuit Judges, and DEWEY, District Judge.


DEWEY, District Judge.

The suit was brought against the appellant by certain beneficiaries of a life insurance policy issued by appellant to Rosina Wolf. The policy was issued and delivered on or about the 4th day of August, 1933, with provisions for the payment of $5,000 to the beneficiaries should the insured die while the policy was in force. The insured died on July 22, 1934, and due proofs of death were furnished the appellant.

As a defense for not paying...

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