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NEW YORK LIFE INS. CO. v. BROWN

No. 4335.

99 F.2d 199 (1938)

NEW YORK LIFE INS. CO. v. BROWN.

Circuit Court of Appeals, Fourth Circuit.

October 4, 1938.

Attorney(s) appearing for the Case

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

C. A. Mays, of Greenwood, S. C., and Butler B. Hare, of Saluda, S. C. (Robert Hayne Hare and Jeff D. Griffith, both of Saluda, S. C., and Mays & Featherstone, of Greenwood, S. C., on the brief), for appellee.

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

PARKER, Circuit Judge.

This is an appeal from a judgment for plaintiff in an action to recover damages for breach of contract with respect to three policies of life insurance issued by the New York Life Ins. Co. upon the life of one Robert N. Brown and payable to his estate. The policies had been assigned to a bank and the assignee had borrowed from the company their full loan value. When interest was not paid on the loans and no further premiums were paid, the company...

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