Legal Opinion · Dissent

Fawcett v. Sun Life Assur. Co. of Canada

Court of Appeals for the Tenth Circuit

Decided April 28, 1943No. 2673Published

1DissentBratton, Circuit Judge

The misrepresentations pleaded affected only the life insurance policy. And the real gravamen of the cause of action in relation to it is that the company stated and represented, either falsely or in reckless disregard of the facts, that the proceeds would be payable in full to the beneficiaries, free and clear of all federal and inheritance tax. The entire cause of action must find its source in that misrepresentation, because apart from it neither appellant nor the beneficiaries have suffered or will suffer as the result of the other misrepresentations any wrong subject to judicial redress…

2Cases cited18 opinions

  1. Soble v. HermanSupreme Court of Virginia · 1940
  2. Sawyer v. PrickettSupreme Court of the United States · 1874
  3. United States v. Stanolind Crude Oil Purchasing Co.Court of Appeals for the Tenth Circuit · 1940
  4. Reed v. CookeSupreme Court of Missouri · 1932
  5. Harris v. Delco Products, Inc.Massachusetts Supreme Judicial Court · 1940

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