EQUITABLE LIFE ASSUR. SOC. v. MacDONALD

No. 8636.

96 F.2d 437 (1938)

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

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing June 22, 1938.


Attorney(s) appearing for the Case

Stephen V. Carey, R. B. Albertson, and Kerr, McCord & Carey, all of Seattle, Wash., for appellant.

Layton & Boyrie and Gunther F. Krause, all of Portland, Or., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This appeal is from a judgment upon a verdict in favor of the insured under three life policies, with indemnity for total disability, which the insurer contended were procured by false and fraudulent misstatements in the insured's application.

The case went to the jury without a request for an instructed verdict for the defendant company. The claims of error the record requires us to consider concern the effect on the burden of proof...

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