LYDON v. NEW YORK LIFE INS. CO.

No. 10660.

89 F.2d 78 (1937)

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

Circuit Court of Appeals, Eighth Circuit.

March 25, 1937.


Attorney(s) appearing for the Case

Richard D. Shewmaker and John M. Holmes, both of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., on the brief), for appellants.

William H. Becker, of Columbia, Mo. (Boyle G. Clark, James E. Boggs, and Paul M. Peterson, all of Columbia, Mo., on the brief), for appellee.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.


VAN VALKENBURGH, Circuit Judge.

This is a suit by the executors of Thomas F. Lydon, deceased, to recover under the permanent disability and waiver of premium provisions of a life insurance policy issued by appellee. The death benefits, in the sum of $25,000, have been paid and received without prejudice to this suit. The case was tried to the court upon an agreed statement of facts, which, in so far as essential to the disposition of this appeal, are in substance...

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