JOHN HANCOCK MUT. LIFE INS. CO. v. DE COSTA

No. 5875.

81 F.2d 390 (1936)

JOHN HANCOCK MUT. LIFE INS. CO. v. DE COSTA.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 6, 1936.


Attorney(s) appearing for the Case

Charles M. Willits, Frank Shunk Brown, and Brown & Williams, all of Philadelphia, Pa., for appellant.

Joseph L. Wase and Morris W. Kolander, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the Eastern District of Pennsylvania. The appellee brought an action in assumpsit upon a policy of life insurance issued upon the life of her husband. She sued for the principal benefit of $5,000, for disability benefits of $50 per month, and for the return of two quarterly premiums. She alleged that about April 1, 1933, the insured contracted a mental disease which totally and permanently...

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