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VAN DUSEN v. NEW YORK LIFE INS. CO.

No. 4048.

21 F.Supp. 375 (1937)

VAN DUSEN v. NEW YORK LIFE INS. CO.

District Court, M. D. Pennsylvania.

December 2, 1937.

Attorney(s) appearing for the Case

A. B. Dunsmore and G. Mason Owlett, both of Wellsboro, Pa., for plaintiff.

Kelly, Balentine, Fitzgerald & Kelly, of Scranton, Pa., for defendant.

WATSON, District Judge.

The plaintiff brought this action to recover $4,000, with interest, as beneficiary under the terms of a life insurance policy, insuring the life of Harold J. Van Dusen. The plaintiff has moved for judgment for want of a sufficient affidavit of defense.

All facts alleged by the plaintiff in his statement of claim are admitted in the defendant's affidavit of defense, except such as relate to delivery of the policy and payment of the first...

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