NEW YORK LIFE INS CO. v. MILLER

No. 10258.

135 F.2d 550 (1943)

NEW YORK LIFE INS. CO. v. MILLER et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 5, 1943.


Attorney(s) appearing for the Case

Huntington, Wilson & Davis, W. M. Huntington, and Roland Davis, all of Portland, Or., for appellant.

George Wm. Neuner, Jr., of Salem, Or., and George Neuner, of McMinnville, Or., for appellees.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

This is a suit for the recovery of death benefits under two policies of insurance written by appellant, one in July 1939 and the other in February 1940. Appellees, the widow and children of the insured, were the beneficiaries. From a judgment in favor of the beneficiaries, entered on the verdict of a jury, the insurer appeals.

Quarter annual premiums on the policies became due October 17, 1940, in the total sum of $48.72, but were not...

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