PHŒNIX MUT. LIFE INS. CO. v. CONNELLY

No. 10333.

188 F.2d 462 (1951)

PHŒNIX MUT. LIFE INS. CO. v. CONNELLY et al.

United States Court of Appeals Third Circuit.

Decided April 6, 1951.


Attorney(s) appearing for the Case

Joseph Kraemer, Newark, N. J., for appellant.

Hugh S. Campbell, Hartford, Conn. (George W. C. McCarter, Newark, N. J., on the brief), amicus curiæ.

John J. Bracken, Newark, N. J., for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

This is a controversy between the beneficiary of a life insurance policy and a person to whom the insured had assigned the policy as collateral for a loan. The insured died, leaving the loan unpaid. The assignee claims an amount sufficient for repayment. The contending beneficiary is the widow of the insured who after the assignment became a substituted beneficiary, through exercise of the power to change the beneficiary reserved in the policy...

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