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GRIFFITHS v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 258.

96 F.2d 57 (1938)

GRIFFITHS v. MASSACHUSETTS MUT. LIFE INS. CO.

Circuit Court of Appeals, Second Circuit.

April 4, 1938.

Attorney(s) appearing for the Case

Rayford W. Alley, of New York City (Sidney Friedman, Asa W. Jennings, and Herbert J. Deitz, all of New York City, of counsel), for appellant.

Cabell, Ignatius & Lown, of New York City (Hartwell Cabell and Joseph S. Catalano, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal by the plaintiff from a judgment, summarily dismissing her complaint upon three policies of life insurance taken out by her husband, Butler Griffiths, in which she was named as beneficiary; each contained what is commonly known as a "disability clause", which gave the insured in case of his "total and permanent disability" a fixed monthly payment, and relieved him of further premiums. Griffiths failed to pay the quarterly...

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