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WELLS FARGO BANK & UNION TRUST CO. v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 19259.

8 F.Supp. 916 (1934)

WELLS FARGO BANK & UNION TRUST CO. v. MUTUAL LIFE INS. CO. OF NEW YORK.

District Court, N. D. California, S. D.

November 10, 1934.

Attorney(s) appearing for the Case

Arnold C. Lackenbach and Heller, Ehrman, White & McAuliffe, all of San Francisco, Cal., for plaintiff.

Leo R. Friedman and Knight, Boland & Riordan, all of San Francisco, Cal., for defendant.

ST. SURE, District Judge.

Defendant moves for a new trial upon several grounds, only one of which need be noticed, viz., that "the court's instruction to the jury to the effect that the burden of proof to establish suicide was on the defendant insurance company" was error.

The action is upon a policy of life insurance issued by defendant company upon the life of Walter A. Radius; the plaintiff being trustee under a trust agreement. The policy provides for...

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