NEW ENGLAND MUT. LIFE INS. CO. v. MITCHELL

No. 4739.

118 F.2d 414 (1941)

NEW ENGLAND MUT. LIFE INS. CO. v. MITCHELL.

Circuit Court of Appeals, Fourth Circuit.

March 10, 1941.


Attorney(s) appearing for the Case

John L. Walker, of Roanoke, Va. (Leonard G. Muse and Woods, Chitwood, Coxe, Rogers & Muse, all of Roanoke, Va., on the brief), for appellant.

W. R. Broaddus, Jr., of Martinsville, Va., and William M. Mitchell, of Bassett, Va. (Carter & Williams and Jno. W. Carter, Jr., all of Danville, Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal from a judgment rendered on the pleadings in an action to recover on two policies of life insurance aggregating $15,000. In the answer it was alleged that the insured committed suicide more than one year but less than two years from the issuance of the policies, which contained the following provisions:

"If the insured, whether sane or insane, shall die by his or her own hand or act within two years from the date hereof...

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