New York Life Ins. Co. v. Bacalis

SIBLEY, Circuit Judge.

James Bacalis, as beneficiary of an insurance policy on the life of his brother Jerry, got a verdict by direction of the court, and the Insurance Company appeal ing contends that the evidence required submission to the jury of the issues made by special pleas in substance that the, insured, who was murdered September 3, 1934, was on August 10, 1934, when he applied for the insurance, and on August 24th, when the policy was delivered, in personal difficulty with one Peter Frank, and believed he was in danger of being murdered by Frank, and was carrying a pistol to protect…