TUCKER v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES

No. 520.

36 F.Supp. 809 (1940)

TUCKER v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES.

District Court, E. D. Missouri, E. D.

December 24, 1940.


Attorney(s) appearing for the Case

Benjamin B. Smith, of St. Louis, Mo., for plaintiff.

Rassieur & Rassieur, of St. Louis, Mo., and Michaels, Blackmar, Newkirk, Eager & Swanson, of Kansas City, Mo., for defendant.


COLLET, District Judge.

The defendant contends that April 6th, the register date of the policy, should be controlling as the date of the beginning and ending of the five-year term during which the insurance was in effect—relying upon Prange v. International Life Insurance Co., 329 Mo. 651, 46 S.W.2d 523, 80 A.L.R. 950, and other cases of similar import. It is the defendant's contention that because the insured's insurable age changed on April 8, 1935, that...

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