New England Mut. Life Ins. Co. of Boston v. Clinchfield Coal Corp.

WADDILL, Circuit Judge.

Defendant in error instituted its action at law in the circuit court of Mercer county, W. Va., to recover under a certain policy of insurance issued by the plaintiff in error on the life of Clarence Brewer Sweet. The policy was made payable to the National Lumber Company, Ine., and was subsequently assigned to the defendant in error. The shit was regularly removed into the United States District Court, where it was docketed and tried, resulting in a verdict in favor of the defendant in error. Both parties assign error. The facts in the caso are briefly as follows:

On the…