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MAYERS v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 6345.

11 F.Supp. 80 (1935)

MAYERS v. MASSACHUSETTS MUT. LIFE INS. CO.

District Court, E. D. New York.

January 16, 1935.

Attorney(s) appearing for the Case

I. Jack London, of New York City (Jay Leo Rothschild, of New York City, of counsel), for plaintiff.

Cabell, Ignatius, Lown & Blinken, of New York City (James M. Lown and Joseph S. Catalano, both of New York City, of counsel), for defendant.

CAMPBELL, District Judge.

This case comes before this court on a motion made by defendant to dismiss the complaint herein, under rule 113 of the Rules of Civil Practice of the state of New York, on the ground that this action has no merit, for the reason that the policy which is the subject-matter of this action lapsed without value for the nonpayment of a premium due thereon, September 19, 1932.

So much of rule 113 of the Rules of Civil Practice of the state...

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