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MUTUAL LIFE INS. CO. OF NEW YORK v. WEIGEL

No. 4312.

197 F.2d 656 (1952)

MUTUAL LIFE INS. CO. OF NEW YORK v. WEIGEL.

United States Court of Appeals Tenth Circuit.

June 9, 1952.

Attorney(s) appearing for the Case

John F. Eberhardt, Wichita, Kan. (George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter and Robert C. Foulston, Jr., Wichita, Kan., on the brief), for appellant.

Clarence J. Malone, Topeka, Kan., (James Malone, Topeka, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

Appellee, Mary Weigel, brought this action to recover on an insurance policy issued to her deceased husband. The defense to the action was that the policy had lapsed for nonpayment of premium.

The facts are not in dispute and are substantially these. The policy, as issued, provided for payment of an annual premium on September 20th of each year. It recited that the annual premium for the year...

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