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BRAYER v. JOHN HANCOCK MUT. LIFE INS. CO.

No. 115, Docket 21490.

179 F.2d 925 (1950)

BRAYER et al. v. JOHN HANCOCK MUT LIFE INS. CO.

United States Court of Appeals Second Circuit.

Decided February 6, 1950.

Attorney(s) appearing for the Case

Roy P. Ohlin, of Buffalo, N. Y. (Dudley, Stowe & Sawyer and William B. H. Sawyer, all of Buffalo, N. Y., on the brief), for defendant-appellant.

Frank G. Raichle, of Buffalo, N. Y. (Raichle, Tucker & Moore and James O. Moore, Jr., all of Buffalo, N. Y., on the brief), for plaintiffs-appellees.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action to recover on a policy of insurance issued by the defendant on the life of E. Harold Brayer, of whose will plaintiffs are the executors. The defense is on the ground that the policy was void because of material misrepresentations by Brayer, the insured, in his application for the policy. The trial court denied motions by both parties for a directed verdict and submitted the general questions to the jury, who brought in a verdict...

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