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MAGERS v. WESTERN & SOUTHERN LIFE INSURANCE CO.

No. 23185.

344 S.W.2d 312 (1961)

Hugh H. MAGERS, Trustee for Lillie Turner, Respondent, v. WESTERN & SOUTHERN LIFE INSURANCE COMPANY, Appellant.

Kansas City Court of Appeals, Missouri.

February 6, 1961.

Attorney(s) appearing for the Case

M. E. Benson, Kansas City, for appellant.

R. C. Southall, Kansas City, for respondent.

SPERRY, Commissioner.

Hugh H. Magers, Trustee for Lillie Turner, brought suit against The Western & Southern Life Insurance Company, for a return of premiums paid on life policies alleged void ab initio. Trial to the Court resulted in judgment for plaintiff in the sum of $187.74. Defendant appeals.

Mrs. Turner stated in evidence that, in October, 1953, she was a policy holder of defendant and was solicited by its agent

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