STOPPER v. MANHATTAN LIFE INSURANCE CO. OF NEW YORK

No. 11897.

241 F.2d 465 (1957)

Constance A. STOPPER v. The MANHATTAN LIFE INSURANCE COMPANY OF NEW YORK, Appellant.

United States Court of Appeals Third Circuit.

Decided January 31, 1957.

Rehearing Denied March 5, 1957.


Attorney(s) appearing for the Case

Owen B. Rhoads, Philadelphia, Pa. (Robert M. Landis, Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellant.

John M. McNally, Jr., Philadelphia, Pa. (James A. Peace, Tompkins & McNally, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

This is an action under diversity jurisdiction, upon two insurance policies issued July 19, 1951 by the Manhattan Life Insurance Company, a New York corporation, on the life of Eugene Stopper, a Pennsylvanian. The insured died of a heart attack on October 12, 1951. The insurer denied liability, except for return of premiums, on the ground that Stopper had made fraudulent misrepresentations in his applications for insurance, dated July 13, 1951...

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