Golightly v. New York Life Ins.

WOODROUGH, Circuit Judge.

This suit was brought by the brothers and sisters of Byrd H. Golightly, deceased, to recover upon a life insurance policy on his life issued to him by the defendant and duly assigned to the plaintiffs. The insurance company admitted that the premiums were paid as called for by the policy and that due proof had been made to it of the death of the insured on January 31, 1935, within the life of the policy, but it alleged that fraud was practiced upon it by the deceased in that the deceased had knowingly made false statements in his application for the policy for the…