New York Life Ins. v. Calhoun

THOMAS, Circuit Judge.

This is a suit in equity brought by the New York Life Insurance Company seeking the cancellation and rescission of a life insurance policy issued by the company upon the life of William J. Calhoun, and asking that the defendant, the beneficiary named in the policy, be enjoined from bringing action thereon. The suit was commenced after the death of the insured, but before the expiration • of the period of incontestability provided in the policy. The grounds for the relief demanded are the alleged false and fraudulent answers of the instired to certain questions in the…