MUTUAL LIFE INS. CO. OF NEW YORK v. BLODGETT

No. 4883.

126 F.2d 273 (1942)

MUTUAL LIFE INS. CO. OF NEW YORK v. BLODGETT.

Circuit Court of Appeals, Fourth Circuit.

February 24, 1942.


Attorney(s) appearing for the Case

James M. Guiher, of Clarksburg, W. Va. (Steptoe & Johnson, of Clarksburg, W. Va., and Louis W. Dawson, of New York City, on the brief), for appellant.

Kermit R. Mason and George R. Farmer, both of Morgantown, W. Va., for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal from a judgment for plaintiff on a policy of insurance issued by the defendant company on the life of one Clifford N. Blodgett of Morgantown, West Virginia. Recovery was sought by his wife, the beneficiary under the policy, on the ground that he had been absent from home without having been heard of for more than seven years and was therefore presumed to be dead. Defendant contended that the circumstances surrounding insured...

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