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NATIONAL LIFE & ACCIDENT INS. CO. v. HOLBROOK

No. 8793.

100 F.2d 780 (1939)

NATIONAL LIFE & ACCIDENT INS. CO. v. HOLBROOK.

Circuit Court of Appeals, Fifth Circuit.

January 5, 1939.

Attorney(s) appearing for the Case

J. H. Burr, of Houston, Tex., for appellant.

J. S. Bracewell, of Houston, Tex., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and DEAVER, District Judge.

HOLMES, Circuit Judge.

This appeal is from a judgment for the beneficiary in a policy of insurance upon the life of W. L. Holbrook, husband of appellee. The contention of the Company is that the policy had not been delivered and accepted, as required by its terms, during the life of insured.

The application for the policy contained a provision to be filled out when accompanied by a deposit of premium. It recited the deposit, and that the applicant, who held...

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