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NEW YORK LIFE INS. CO. v. MURDAUGH

No. 4263.

94 F.2d 104 (1938)

NEW YORK LIFE INS. CO. v. MURDAUGH.

Circuit Court of Appeals, Fourth Circuit.

January 11, 1938.

Attorney(s) appearing for the Case

Pinckney L. Cain, of Columbia, S. C. (Thomas, Lumpkin & Cain, of Columbia, S. C., on the brief), for appellant.

W. Brantley Harvey, of Beaufort, S. C., for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

In 1929 the New York Life Insurance Company, the appellant in this case, issued two policies of life insurance to Le Roy B. Tuten, each for the payment of five thousand dollars ($5,000) upon his death, and each also containing the double indemnity clause providing for the payment of an additional sum of five thousand dollars ($5,000) "upon receipt of due proof that the death of the insured resulted directly and independently of all other causes...

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