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THOMAS v. NEW YORK LIFE INS. CO.

No. 6849.

81 F.2d 614 (1936)

THOMAS v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

February 7, 1936.

Attorney(s) appearing for the Case

Millsaps Fitzhugh, of Memphis, Tenn. (Fitzhugh, Murrah & Fitzhugh, of Memphis, Tenn., on the brief), for appellant.

R. E. King, of Memphis, Tenn. (King & King, of Memphis, Tenn., and Louis H. Cooke, of New York City, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Action by the beneficiary under a policy of life insurance issued by appellee to Finis Thomas, appellant's brother. Appellee claimed that the policy had lapsed due to failure of the insured to pay the premium due October 20, 1932. At the close of all the evidence the District Court directed a verdict for appellee.

In August, 1932, while the policy was in effect, the insured was removed to a tuberculosis sanatorium in Booneville, Arkansas...

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