Harding v. Policyholder's Nat. Life Ins.

VOGEL, District Judge.

This is a suit based upon a contract of life insurance. The case was tried to the Court without a jury. The insurance contract issued by the defendant covered the life of Ray W. Harding and was executed by the defendant at its Sioux Falls, South Dakota, office on November 25, 1927, and mailed by the defendant from Sioux Falls, South Dakota, to the insured, Ray W. Harding, at his address at Hettinger, North Dakota, on November 28, 1927. The policy contract contained the following provision:

“Incontestability. — This policy shall be incontestable after it shall have been in…