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STUMP v. NEW YORK LIFE INS. CO.

31 F.Supp. 823 (1940)

STUMP v. NEW YORK LIFE INS. CO.

District Court, N. D. West Virginia.

March 12, 1940.

Attorney(s) appearing for the Case

S. A. Powell, of Harrisville, W. Va., and Mathews & Reed, of Grantsville, W. Va., for plaintiff.

W. T. O'Farrell, of Charleston, W. Va. (Brown, Jackson & Knight and R. G. Kelly, all of Charleston, W. Va., on the brief), for defendant.

HARRY E. WATKINS, District Judge.

Plaintiff, a resident of Grantsville, W. Va., beneficiary under a life insurance policy carried by her husband, sued defendant to collect such insurance. She claims that his continued absence for more than seven years creates a presumption of death under West Virginia Code, Chapter 44, Art. 9, Sec. 1. The insurance company asserts that the assured is a fugitive from justice, and that the presumption of death does not arise, or is...

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