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GEM STATE MUTUAL LIFE ASSOCIATION v. GRAY

No. 8281.

290 P.2d 217 (1955)

GEM STATE MUTUAL LIFE ASSOCIATION, Inc., a corporation, Plaintiff-Appellant, v. Lucy GRAY, Agnes Gray, and any unknown owners or claimants in and to Policy No. 21792 D-9 issued by the plaintiff on or about the 31st day of July, 1941, on the life of Cecil James Gray, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied December 5, 1955.

Attorney(s) appearing for the Case

Carl C. Christensen, Pocatello, for appellant.

Anderson & Anderson, Pocatello, for Lucy Gray.

Gee & Hargraves, Pocatello, for Agnes Gray.

TAYLOR, Chief Justice.

February 7, 1954, at McCammon, at about 1:00 o'clock a. m., insured advised his wife, Agnes Gray, by `phone that he was extremely drunk and wasn't coming home. On previous occasions when intoxicated he had come home and beaten her. Upon receiving the `phone call, she barred the doors and sat down to wait. She knew he would be angry and, if drunk, would beat her. About 2:00 o'clock a. m. he came to the...

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