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FIRST NAT. BANK OF KANSAS CITY v. NEW YORK LIFE INS. CO.

No. 1810.

58 F.Supp. 123 (1944)

FIRST NAT. BANK OF KANSAS CITY v. NEW YORK LIFE INS. CO.

District Court, W. D. Missouri, W. D.

November 21, 1944.

Attorney(s) appearing for the Case

Butler Disman and George L. Walker, both of Kansas City, Mo., for plaintiff.

Lathrop, Crane, Reynolds, Sawyer & Mersereau, Richard S. Righter, and Rudolph Heitz, all of Kansas City, Mo., for defendant.

REEVES, District Judge.

Purely legal questions are raised on the motion to dismiss. Heretofore the plaintiff in its trust capacity received the assignment of an insurance policy issued by the defendant to one Harold Oppenheimer. The policy was dated December 12, 1919, and, subject to unimportant changes, continued in effect by reason of the payment of premiums until a premium became due on December 12, 1942. Such premium was not paid. The insured, however, elected...

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