FRANKLIN LIFE INS. CO. v. HEITCHEW

No. 11070.

146 F.2d 71 (1944)

FRANKLIN LIFE INS. CO. v. HEITCHEW.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1945.

Writ of Certiorari Denied April 2, 1945.


Attorney(s) appearing for the Case

Tom K. Eplen and Frank E. Smith, both of Abilene, Tex., for appellant.

E. T. Brooks, of Abilene, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


Writ of Certiorari Denied April 2, 1945. See 65 S.Ct. 914.

SIBLEY, Circuit Judge.

This appeal searches the effect of the so-called presumption against suicide when the judge acts on a motion for an instructed verdict; and what he should tell the jury about it when he submits the case to them for decision.

The suit is upon a policy of life insurance promising to pay $2,500 at death, but containing an exception if death should occur within one year by...

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