Prudential Ins. Co. of America v. Moore , 145 F.2d 580 ( 1944 )

MAJOR, Circuit Judge.

I concur in the result. I do not agree with that part of the opinion which apparently holds that appellant is estopped from asserting that no change of beneficiary was effected. No such theory was advanced by the pleadings or otherwise, either in the court below or here. Moreover, I do not think the theory is tenable under the circumstances presented.