PENN MUT. LIFE INS. CO. v. TILTON

No. 1316.

84 F.2d 10 (1936)

PENN MUT. LIFE INS. CO. v. TILTON.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 27, 1936.


Attorney(s) appearing for the Case

Francis C. Wilson, of Santa Fe, N. M. (John C. Watson, of Santa Fe, N. M., on the brief), for appellant.

E. R. Wright, of Santa Fe, N. M., and W. C. Roche, of El Paso, Tex. (Donovan N. Hoover, of Santa Fe, N. M., on the brief), for appellee.

Before LEWIS and BRATTON, Circuit Judges, and KENNEDY, District Judge.


BRATTON, Circuit Judge.

This is an appeal from a judgment for plaintiff in an action to recover on a policy of insurance in the sum of $25,000 issued upon the life of Warren C. Spurgin. Plaintiff is the daughter and only child of insured. She instituted the action in the state court in October, 1933, and it was seasonably removed to the United States court. A verdict for plaintiff was set aside and a new trial granted. Thereafter...

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