Mutual Life Ins. v. Lipp

DIETRICH, Circuit Judge.

Appellant, the Mutual Life Insurance Company of New York, issued two policies of insurance on the life of one John A. Lipp, husband of the appellee, Bertha E. Lipp. After duly submitting proofs of the death of the insured, appellee brought separate suits on the policies, one in a state eourt of Oregon and the other in the United States District Court in that0 state. Substantially the only issue in both eases was of the death of the insured. Trial was first had of the ease in the state eourt, resulting in a judgment for appellee, from which the insurance company took an…