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MUTUAL LIFE INS. CO. OF NEW YORK v. LATIMER

No. 1186-RJ.

23 F.Supp. 259 (1938)

MUTUAL LIFE INS. CO. OF NEW YORK v. LATIMER et al.

District Court, S. D. California, Central Division.

May 2, 1938.

Attorney(s) appearing for the Case

J. R. Girling, by L. M. Wright, both of Los Angeles, Cal., for complainant.

Joseph Musgrove, Fred O. McGirr, and Thomas H. Cannan, all of Los Angeles, Cal., for defendants Minnie L. Latimer and Carol N. Sutherland.

W. I. Titus, of Los Angeles, Cal., for defendant Security-First Nat. Bank of Los Angeles.

JENNEY, District Judge.

This suit for a declaratory judgment was brought by the Mutual Life Insurance Company of New York to determine whether the proceeds of a policy issued by it are, in accordance with the terms of said policy, exempt from execution by a creditor of the primary beneficiary.

The life insurance policy in question was issued by complainant to Howard J. Latimer on August 27, 1917. On August 27, 1931, on default of the premium payment, the policy...

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