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SIMPSON v. TRAVELERS INS. CO.

No. 311.

121 F.2d 683 (1941)

SIMPSON v. TRAVELERS INS. CO.

Circuit Court of Appeals, Second Circuit.

July 7, 1941.

Attorney(s) appearing for the Case

Russell C. Gay, of New York City (Barber, Matters & Gay, Sherwood E. Silliman, and Kermit F. Kip, all of New York City, on the brief), for plaintiff-appellant.

Bernard J. McGlinn, of New York City (Moran, Galli & McGlinn and Louis P. Galli, all of New York City, on the brief), for defendant-appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, having received the face amount of a life insurance policy issued by defendant on her husband's life, sues herein for $10,000 as additional or double indemnity payable in the event of the insured's accidental death. On a trial to a jury, her complaint was dismissed on the merits at the conclusion of her direct case for failure to prove that the insured died from any of the causes for which...

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