LINCOLN PETROLEUM CO. v. NEW YORK LIFE INS. CO.

No. 7193.

115 F.2d 73 (1940)

LINCOLN PETROLEUM CO. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 9, 1940.


Attorney(s) appearing for the Case

Louis H. Cooke, of New York City, Wm. G. Palmer and Oris Barth, both of Urbana, Ill., and Wendell J. Brown, of Chicago, Ill., for appellant.

Harold F. Lindley and Leo W. Burk, both of Danville, Ill., for appellee.

Before EVANS, SPARKS, and TREANOR, Circuit Judges.


EVANS, Circuit Judge.

Defendant appeals from a judgment based upon a verdict in plaintiff's favor. The action was predicated on two $10,000 life insurance policies running to plaintiff of which insured had been secretary and treasurer.

The chief reliance for reversal was the trial court's refusal to direct a verdict for defendant, the motion for which was predicated upon an exception to the general death liability clause. The exception covered the case where...

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