Cohen v. New York Life Ins.

SPARKS, Circuit Judge.

The New York Life Insurance Company appeals from a judgment entered on the pleadings on motion of appellee who thereby admitted the following facts contained in appellant’s answer to appellee’s bill of complaint.

The policies on which suit was filed by the beneficiary named therein were issued to Max Cohen, then fifty-three years of age, on March 17, 1928. Except for a difference in the face amounts, one being for $5,000 and the other for $3,000, the two policies were identical. The incontestable clause provided for a two-year period, and both policies contained the…