EQUITABLE LIFE ASSUR. SOC. v. TUCKER.

No. 12051.

126 F.2d 396 (1942)

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

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 6, 1942.


Attorney(s) appearing for the Case

Ralph M. Jones, of Kansas City, Mo. (William C. Michaels and Michaels, Blackmar, Newkirk, Eager & Swanson, all of Kansas City, Mo., Rassieur & Rassieur, of St. Louis, Mo., and Alexander & Green, of New York City, on the brief), for appellant.

Milton Keiner, of St. Louis, Mo. (Benjamin B. Smith, of St. Louis, Mo., on the brief), for appellee.

Before STONE and JOHNSEN, Circuit Judges, and OTIS, District Judge.


JOHNSEN, Circuit Judge.

The controlling question is whether, under the law of Missouri, the five-year term life insurance policy, upon which this suit is brought, expired on April 6, 1940, the anniversary of the register date endorsed upon the policy, or on April 20, 1940, the anniversary of the date when the first premium was actually paid. The insured died on April 15, 1940.

The trial court held that, on the facts before it, the policy did not expire until...

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