MUTUAL LIFE INS. CO. OF NEW YORK v. CUNNINGHAM

No. 10428.

87 F.2d 842 (1937)

MUTUAL LIFE INS. CO. OF NEW YORK v. CUNNINGHAM et al.

Circuit Court of Appeals, Eighth Circuit.

February 1, 1937.


Attorney(s) appearing for the Case

A. H. Sargent, of Cedar Rapids, Iowa (Frederick L. Allen, of New York City, and Deacon, Sargent & Spangler, of Cedar Rapids, Iowa, on the brief), for appellant.

Pressey H. Frank, of Waterloo, Iowa (Longley & Frank and Ralph William Travis, all of Waterloo, Iowa, on the brief), for appellees.

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


STONE, Circuit Judge.

This is a bill in equity by appellant brought against the beneficiaries after the death of the insured to cancel a policy upon the life of Thomas F. Cunningham. After a hearing upon the merits a decree was entered dismissing the complaint, from which decree the Insurance Company brings this appeal. The basis of the complaint is the violation of a provision in the application for the policy, which application is made part of the policy, providing...

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