COHEN v. NEW YORK LIFE INS. CO.

No. 8022.

132 F.2d 494 (1942)

COHEN v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Seventh Circuit.

December 17, 1942.


Attorney(s) appearing for the Case

Ferdinand H. Pease, of New York City, Wendell J. Brown, Bruce M. Smith, and Joseph W. Townsend, all of Chicago, Ill., for appellant.

Robert L. Prendergast, James B. McKeon, James C. Rich. and Lawrence J. Miller, all of Chicago, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

The New York Life Insurance Company appeals from a judgment entered on the pleadings on motion of appellee who thereby admitted the following facts contained in appellant's answer to appellee's bill of complaint.

The policies on which suit was filed by the beneficiary named therein were issued to Max Cohen, then fifty-three years of age, on March 17, 1928. Except for a difference in the face amounts, one being for $5,000 and the other...

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