Bowen v. New York Life Ins.

SANBORN, Circuit Judge.

This appeal is from a summary judgment in favor of the New York Life Insurance Company in an action brought by the appellant to recover double indemnity for the accidental death of the insured under a policy of life insurance issued by the Company in 1924. The case was submitted to the court upon a motion for judgment, under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, based upon the pleadings and a stipulation of facts.

The policy in suit was dated April 23, 1924, and was issued to John E. Bowen, then a resident of Centraba, Illinois, and…