New York Life Ins. v. Smith
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. This was an action by Eudora Y. Smith, administratrix with the will annexed of William F. Smith, deceased, against the New York Life Insurance Company, on a policy of insurance. The circuit court gave judgment for the plaintiff. 57 Fed. 133. Defendant brings error.
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In Error to the Circuit Court of the United States for the Northern District of California. This was an action by Eudora Y. Smith, administratrix with the will annexed of William F. Smith, deceased, against the New York Life Insurance Company, on a policy of insurance. The circuit court gave judgment for the plaintiff. 57 Fed. 133. Defendant brings error. This is an action at law .brought by Mrs. Eudora V. Smith, as administratrix with the will annexed of the estate of Dr. William F. Smith, deceased, to recover of and from the New York Life Insurance Company the sum of 85,800, alleged to be…
1Opinion of the CourtHawley, District Judge
(after stating the facts). The position and contention of the plaintiff in error is somewhat novel and peculiar. It admits its liability on the policy, but denies the right of the defendant in error to recover, unless Dr. Murphy is made a party to the action, on the ground that, unless he is made a party, it is liable to be twice compelled to pay the policy. Instead of paying the money due on the policy into court, and having notices served on all parties claiming the money or any part thereof, and asking that such parties be compelled to appear and present their claims, • so that the court…
2Cases cited5 opinions
- New England Mutual Life Insurance v. WoodworthSupreme Court of the United States · 1884
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- New England Fire & Marine Insurance v. WetmoreIllinois Supreme Court · 1863
- Massachusetts Mutual Life Insurance v. RobinsonIllinois Supreme Court · 1881
- Morrison v. Mutual Life InsuranceNew York Supreme Court · 1890
3Cited by9 opinions
- Modern Woodman of America v. HesterSupreme Court of Kansas · 1903
- Searles v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1910
- Blount v. Metropolitan Life Insurance Co.Supreme Court of Georgia · 1940
- Clark v. Equitable Life Assur. Soc.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Rumsey v. New York Life InsuranceSupreme Court of Colorado · 1915
4 more not listed; retrieve them via the Exa API.