ZOGG v. PENN MUTUAL LIFE INSURANCE COMPANY

No. 171, Docket 25869.

276 F.2d 861 (1960)

Donna Joan ZOGG, Plaintiff-Appellee, v. PENN MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1960.


Attorney(s) appearing for the Case

Walter J. Holzka, of Winthrop, Stimson, Putnam & Roberts, New York City, for defendant-appellant.

Arthur B. Sheehan, New York City (Patrick G. Finegan, New York City, on the brief), for plaintiff-appellee.

Before CLARK, HINCKS, and WATERMAN, Circuit Judges.


CLARK, Circuit Judge.

This is an appeal from a plaintiff's judgment in an action by the beneficiary to recover the face amount of a policy of life insurance issued by defendant. The insured, a resident of New York, applied for the policy and paid the first premium thereon in Massachusetts. But there was conflicting evidence as to whether the policy had been delivered to the insured in Massachusetts or had been mailed to his residence in New York. A provision of the...

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