FITZSIMMONS v. PRUDENTIAL INS. CO. OF AMERICA

No. 7076.

112 F.2d 256 (1940)

FITZSIMMONS v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 12, 1940.


Attorney(s) appearing for the Case

Nathaniel Rubinkam, Ira W. Hurley, and Albert E. Hallett, Jr., all of Chicago, Ill., for appellant.

Edwin D. Lawlor, of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and TREANOR, Circuit Judges.


SPARKS, Circuit Judge.

On March 4, 1930, appellant issued its policy for $10,000 upon the life of John T. Fitzsimmons. The first annual premium was paid, and the insured died on July 21, 1933. Appellee, his wife, was the beneficiary under the policy and brought this action to recover the full amount thereunder. The cause was tried to a jury. Appellant moved for a directed verdict at the close of appellee's evidence, and again at the close of all the evidence, and...

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