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PENN MUT. LIFE INS. CO. v. ASHTON

No. 1567.

93 F.2d 565 (1937)

PENN MUT. LIFE INS. CO. v. ASHTON.

Circuit Court of Appeals, Tenth Circuit.

December 27, 1937.

Attorney(s) appearing for the Case

J. S. Simmons, of Hutchinson, Kan. (Alva L. Fenn and Herbert E. Ramsey, both of Hutchinson, Kan., on the brief), for appellant.

Erskine Wyman and Ellis Clark, both of Hutchinson, Kan. (Charles Hall and Max Wyman, both of Hutchinson, Kan., on the brief), for appellee.

Before BRATTON and WILLIAMS, Circuit Judges, and SYMES, District Judge.

BRATTON, Circuit Judge.

Plaintiff instituted this action to recover upon a policy of insurance insuring the life of her late husband. Trial by jury was waived and the cause submitted to the court upon the admissions contained in the pleadings and a stipulation of facts. Plaintiff prevailed and defendant appealed.

The policy, issued on March 18, 1926, was a 10-year term contract. It provided that it was issued in consideration of the payment in advance at the...

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