EQUITABLE LIFE ASSUR. SOC. v. FIRST NAT. BANK

No. 9508.

113 F.2d 272 (1940)

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. FIRST NAT. BANK OF BIRMINGHAM.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 7, 1940.


Attorney(s) appearing for the Case

Atwell J. Brown, of Birmingham, Ala., for appellant.

Lucien D. Gardner, Jr., of Birmingham, Ala., for appellee.

Frank E. Spain, H. H. Grooms, and G. R. Harsh, Jr., all of Birmingham, Ala., amici curiae for appellant.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was on a policy of life insurance issued, February 17, 1923, upon the life of one Russell as of age 58. It arose in this way. Upon the death of assured in 1937, it was for the first time discovered that when the policy was written, instead of being 58, as stated in his application and in the policy, assured was 67 years old. $30,917.50, the amount due under the Age Adjustment Clause

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