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NEW YORK LIFE INS. CO. v. CHAPMAN

No. 12413.

132 F.2d 688 (1943)

NEW YORK LIFE INS. CO. v. CHAPMAN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 4, 1943.

Attorney(s) appearing for the Case

Orville Richardson, of St. Louis, Mo. (James C. Jones, Jr., and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., and F. H. Pease, of New York City, on the brief), for appellant.

Robert A. Roessel, of St. Louis, Mo. (Raymond M. Freed, of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is a civil suit brought by the New York Life Insurance Company to cancel a policy of life insurance on the life of Abel W. Chapman. Cancellation was demanded on the ground that the policy did "not go into force" under the terms of the contract because the insured had consulted and been treated by a physician between the time of the medical examination and the delivery of the policy. The defendant, Mae G. Chapman, is the beneficiary named...

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