KETCHUM & CO. v. STATE MUT. LIFE ASSUR. CO.

No. 258, Docket 20581.

162 F.2d 977 (1947)

KETCHUM & CO., Inc. v. STATE MUT. LIFE ASSUR. CO. OF WORCESTER, MASS.

Circuit Court of Appeals, Second Circuit.

July 23, 1947.


Attorney(s) appearing for the Case

Isidor E. Schlesinger and Schlesinger & Krinsky, all of New York City (Robert E. Tinsley, of Malverne, N. Y., on the brief), for appellant.

Bruce Bromley, and Cravath, Swaine & Moore, all of New York City (Louis T. Stone, Jr., of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff appeals from a judgment, entered upon the verdict of a jury in an action to recover upon a policy of life insurance, taken out upon the life of one of its officers, named Tuffiash. The defense was that Tuffiash in his application for the policy had stated that he had not seen a physician for five years and that he did not suffer from any heart ailment, when in fact both statements were false; and that the insurer would not have...

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