Kincaid v. New York Life Ins.

SIBLEY, Circuit Judge.

The appeal is from the dismissal on motion of a bill in equity brought by Nellie T. Kincaid against New York Life Insurance Company on two identical policies of $5,000 each on the life of her husband, James Kincaid. The case is the same for each policy, and for simplicity one only will be referred to. The important facts alleged and to be taken as true are as follows: The policy which issued in 19-2.0 required an annual premium payable in advance on June 30t,h of $250.05, including $12.75 for a total disability benefit one feature of which was that premiums would be…