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MERCHANTS NATIONAL BANK v. NEW YORK LIFE INS. CO.

346 Mass. 745 (1964)

196 N.E.2d 201

THE MERCHANTS NATIONAL BANK OF NEWBURYPORT vs. NEW YORK LIFE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Essex.

January 31, 1964.

Attorney(s) appearing for the Case

Malcolm G. Ayers, for the plaintiff, submitted a brief.

Richard Wait (Mark A. Michelson with him) for the defendant.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

CUTTER, J.

The insurance company (New York), through a California office, in April, 1959, issued to a resident of California an insurance policy on his life. The policy was assigned to the bank on May 15, 1959. The insured died on November 8, 1959. The bank brings this action to recover the face amount of the policy.

In his application, which was in evidence, the insured represented that he had never used alcoholic beverages to

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