METROPOLITAN LIFE INS. CO. v. SHALLOWAY

No. 11236.

151 F.2d 548 (1945)

METROPOLITAN LIFE INS. CO. v. SHALLOWAY.

Circuit Court of Appeals, Fifth Circuit.

October 22, 1945.


Attorney(s) appearing for the Case

Victor Lamar Smith, of Atlanta, Ga., for appellant.

Herbert Johnson and Clarence H. Calhoun, both of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

In a suit by Jennie Shalloway upon a policy of life insurance taken out by her husband David Shalloway a verdict was directed in her favor for $7500 (less a loan against the policy) because of a clause in the policy that it should be incontestable after two years, and the insurer, Metropolitan Life Insurance Company, appeals.

The Company contends that the insured was over sixty years old at his death and that only $5,000 was payable...

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