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SPAUNHORST v. EQUITABLE LIFE ASSUR. SOC.

No. 10725.

88 F.2d 849 (1937)

SPAUNHORST v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 9, 1937.

Attorney(s) appearing for the Case

Walter A. Raymond, of Kansas City, Mo. (Fenton Hume and Homer A. Cope, both of Kansas City, Mo., on the brief), for appellant.

Kenneth E. Midgley, of Kansas City, Mo. (William C. Michaels, of Kansas City, Mo., Alexander & Green, of Kansas City, Mo., and Michaels, Blackmar, Newkirk, Eager & Swanson, of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, THOMAS, and FARIS, Circuit Judges.

FARIS, Circuit Judge.

Appellant, as the beneficiary in a policy of accident insurance, issued by the appellee on the life of one Louis C. T. Spaunhorst, brought suit thereon to recover the sum of $5,000, on the theory that the conceded death of the insured therein had been caused by injuries accidentally incurred. More accurately speaking, the contract of insurance was against death from any cause, but in the event that death was caused by accident, as this word was...

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