Mutual Life Ins. v. Cunningham

STONE, Circuit Judge.

This is a bill in equity by appellant brought against the beneficiaries after the death of the 'insured to cancel a policy upon the life of Thomas F. Cunningham. After a hearing upon the merits a decree was entered dismissing the complaint, from which decree the Insurance Company brings this appeal. The basis of the complaint is the violation of a provision in the application for the policy, which application is made part of the policy, providing that the proposed policy shall not take effect “unless and until delivered to and received by the Insured, the Beneficiary or…