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MUTUAL LIFE INSURANCE COMPANY v. SEARS

No. 452.

178 U.S. 345 (1900)

20 S.Ct. 912

44 L.Ed. 1096

MUTUAL LIFE INSURANCE COMPANY v. SEARS.

Supreme Court of United States.

Decided May 28, 1900.

Attorney(s) appearing for the Case

Mr. Julien T. Davies and Mr. John B. Allen for petitioner. Mr. Edward Lyman Short and Mr. Frederic D. McKenney were on their brief.

Mr. Stanton Warburton and Mr. Harold Preston for respondent. Mr. Eben Smith was on their brief.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

In view of what has been already decided in the case of Mutual Life Insurance Company v. Phinney, Executrix, ante, 327, it is needless to do more than note the fact that, as shown by the answer, after the insured had once defaulted in May, 1892, and a second default had occurred in May, 1893, application was made to him by the company, through its agents, to restore the policy...

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