COLONIAL LIFE AND ACCIDENT INSURANCE CO. v. WILSON

No. 16290.

246 F.2d 922 (1957)

COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY, Appellant, v. Sarah Ethel WILSON, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 18, 1957.


Attorney(s) appearing for the Case

Sam Rice Baker, Montgomery, Ala., S. Augustus Black, Columbia, S. C., and R. E. Steiner, III, Montgomery, Ala., Steiner, Crum & Baker, Montgomery, Ala., and McKay, McKay, Black & Walker, Columbia, S. C., of counsel, for appellant.

Truman Hobbs, Montgomery, Ala., Frank J. Tipler, Jr., Andalusia, Ala., and Godbold, Hobbs & Copeland, Montgomery, Ala., for appellee.

Before BORAH, RIVES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The principal question is whether an insurance company may, and did, permit the Assured to keep the policy in force by the mailing of premium checks never shown to have been actually received. Subsidiary to this main question which raises the sufficiency of the evidence to support the jury verdict for the beneficiary are procedural matters relating to the charge to the jury.

George Wilson, owner of a business and apparently regarded...

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