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MASSACHUSETTS MUT. LIFE INS. CO. v. NATIONAL BANK OF C.

No. 4248.

95 F.2d 797 (1938)

MASSACHUSETTS MUT. LIFE INS. CO. v. NATIONAL BANK OF COMMERCE.

Circuit Court of Appeals, Fourth Circuit.

April 5, 1938.

Attorney(s) appearing for the Case

Howard R. Klostermeyer and J. M. Woods, both of Charleston, W. Va. (Price, Smith & Spilman, of Charleston, W.Va., on the brief), for appellant.

Sam Silverstein and Lon H. Kelly, both of Charleston, W. Va. (Brown, Jackson & Knight, of Charleston, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and H. H. WATKINS, District Judge.

PARKER, Circuit Judge.

This is an appeal from a judgment for the assured on a policy of life insurance in the sum of $25,000 issued by the Massachusetts Mutual Life Insurance Company to the plaintiff, the National Bank of Commerce of Charleston, W. Va., upon the life of its president, Hugh E. Bek. The defense was that the policy was delivered conditionally for the purpose of inspection, that there was never any agreement to accept it and consequently no completion...

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