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GUARDIAN LIFE INS. CO. v. PEOPLES LIFE INS. CO.

No. 6615.

207 F.2d 411 (1953)

GUARDIAN LIFE INS. CO. OF AMERICA v. PEOPLES LIFE INS. CO. OF SOUTH CAROLINA et al.

United States Court of Appeals, Fourth Circuit.

Decided October 14, 1953.

Attorney(s) appearing for the Case

Carlisle Roberts, Columbia, S. C. (W. Croft Jennings and Roberts & Jennings, Columbia, S. C., on the brief), for appellant.

James H. Price, Jr., Greensville, S. C., and John D. Nock, Cheraw, S. C. (Roy A. Powell, Columbia, S. C., and Almore H. Teschke, Beverly Hills, Cal., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for plaintiff on a contract under which the defendant Guardian Life Insurance Company promised to pay plaintiff $5,000 if plaintiff would remove the word "Guardian" from its corporate name. This was done by plaintiff and defendant refused to make payment on the ground that plaintiff had sold out its business and transferred its assets to another company before having the change of name made. We think that this defense...

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