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TOUCEY v. NEW YORK LIFE INS. CO.

No. 11228.

102 F.2d 16 (1939)

TOUCEY v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 16, 1939.

Attorney(s) appearing for the Case

Cornelius Roach, of Kansas City, Mo., for appellant.

Richard S. Righter and Horace F. Blackwell, Jr., both of Kansas City, Mo. (Louis H. Cooke, of New York City, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

In 1924 the New York Life Insurance Company issued a policy on the life of Samuel R. Toucey, then aged 45, providing that in consideration of the specified premiums the company would pay $50,000 in case of death and that in case of total and presumably permanent disability occurring before the age of sixty years, further payment of premiums would be waived and $500 a month would be paid during the continuance of total disability. In 1934...

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