SMITH v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY

No. 16452.

249 F.2d 657 (1957)

Mrs. Mary Holcomb SMITH and Mrs. Lillian Johnson Smith, Appellants, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellee. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellant, v. Mrs. Mary Holcomb SMITH and Mrs. Lillian Johnson Smith, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 9, 1958.


Attorney(s) appearing for the Case

Alex W. Smith, Jr., Smith, Field, Doremus & Ringel, Atlanta, Ga., for appellants Smith. Alex W. Smith, Sam F. Lowe, Jr., Atlanta, Ga., of counsel.

B. D. Murphy, James K. Rankin, Robert E. Coll, Atlanta, Ga., for John Hancock Mut. Life Ins. Co. Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., of counsel.

Before RIVES, TUTTLE and BROWN, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal raises the single question whether under the Georgia law the materiality of misrepresentations in an application for life insurance was properly determined by the trial court as a matter of law, thus authorizing the court to set aside a jury's verdict for the insured and enter a judgment n. o. v. for the defendant insurance company. The cross-appeal becomes important only in the event we...

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