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PHŒNIX MUT. LIFE INS. CO. OF HARTFORD v. HARMEGNIES

No. 11579.

110 F.2d 20 (1940)

PHŒNIX MUT. LIFE INS. CO. OF HARTFORD, CONN., v. HARMEGNIES.

Circuit Court of Appeals, Eighth Circuit.

March 5, 1940.

Attorney(s) appearing for the Case

Web A. Welker, of St. Louis, Mo. (James C. Jones, Lon O. Hocker, James C. Jones, Jr., and Vincent L. Boisaubin, all of St. Louis, Mo., on the brief), for appellant.

Robert D. Evans, of St. Louis, Mo. (J. Porter Henry and Hennings, Green, Henry & Hennings, all of St. Louis, Mo., on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and NORDBYE, District Judge.

WOODROUGH, Circuit Judge.

The plaintiff in the court below recovered a verdict and judgment as the beneficiary named in a five thousand dollar life insurance policy issued by the defendant insurance company on the life of her husband. He came to his death during the period for which the premiums were fully paid, but the company denied liability on the ground that the insurance had been obtained by false, fraudulent and untrue representations, knowingly and fraudulently...

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