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

No. 10060.

123 F.2d 712 (1941)

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

Circuit Court of Appeals, Fifth Circuit.

November 27, 1941.

Attorney(s) appearing for the Case

Hugh M. Caffey, of Brewton, Ala., for appellant.

Gessner T. McCorvey and R. F. Adams, both of Mobile, Ala., for appellee.

Before HUTCHESON and McCORD, Circuit Judges, and MIZE, District Judge.

McCORD, Circuit Judge.

The New England Mutual Life Insurance Company issued two $5,000 policies of life insurance to David A. Barnett. The policies were issued in February and June of 1938, and on December 12, 1938, Barnett died. After the death of the insured the company notified the beneficiary, Mrs. Mary Hawkins Barnett, that it had decided to rescind the two policies. The company tendered a refund of the premiums paid, but Mrs. Barnett refused to accept the tender...

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