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McDONALD v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 7950.

108 F.2d 32 (1939)

McDONALD v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

December 5, 1939.

Attorney(s) appearing for the Case

John A. Osoinach and Charles C. Brown, both of Memphis, Tenn., for appellant.

G. T. Fitzhugh, of Memphis, Tenn. (G. T. Fitzhugh and Fitzhugh, Murrah & Fitzhugh, all of Memphis, Tenn., and Louis W. Dawson, of New York City, on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

Appellant, as testamentary guardian of the minor children of Prather S. McDonald, instituted an action at law on a policy of insurance alleged to have been issued by appellee on the life of Prather S. McDonald, deceased. Jury trial was waived, and the District Court rendered judgment in favor of appellee upon the ground that the policy never came into legal existence.

The policy was in the amount of $10,000.00, with double indemnity provision...

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