PRUDENTIAL INS. CO. OF AMERICA v. ARFLACK

No. 6858.

82 F.2d 218 (1936)

PRUDENTIAL INS. CO. OF AMERICA v. ARFLACK et ux.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1936.


Attorney(s) appearing for the Case

Roy M. Shelbourne, of Paducah, Ky. (Wheeler, Wheeler & Shelbourne and James G. Wheeler, all of Paducah, Ky., on the brief), for appellant.

T. S. Waller Jr., of Paducah, Ky. (Nunn & Waller, of Paducah, Ky., and Postlethweight & Postlethweight, of Marion, Ky., on the brief), for appellees.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.


HICKS, Circuit Judge.

Bill in equity to cancel an insurance policy for $5,000 issued by appellant, the Prudential Insurance Company of America, on March 19, 1931, on the life of appellee, William Earl Arflack. The wife, Rosa M. Arflack, as beneficiary of the policy, was joined. Appellant alleged that insured made material misrepresentations in his application for the policy.

Insured answered and by way of counterclaim sued under the policy to recover monthly...

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