MacGregor v. State Mut. Life Assur. Co.

HAMILTON, Circuit Judge.

Appellant, Alexander MacGregor, Jr., executor of the estate of Alexander Mac-Gregor, deceased, appeals from a judgment, pursuant to a directed jury verdict dismissing his petition in an assumpsit action against appellee, the State Mutual Life Assurance Company of Worcester, Massachusetts, seeking to recover $20,000 plus interest, a premium paid to appellee by the decedent for an annuity.

Appellant’s cause of action is based solely on the ground that the annuity contract in question was void ab initio, because solicited and written by an agent of appellee who was…