United States Life Ins. v. Cable
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant (plaintiff below), a life insurance company, is a corporation organized under the laws of the slate of New York, and doing business in the city of New York.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant (plaintiff below), a life insurance company, is a corporation organized under the laws of the slate of New York, and doing business in the city of New York. It brings this suit in equity against the defendant, Alice' A. Cable, a citizen of Chicago, 111., as administratrix of Herman D. Cable, to cancel a certain policy of insurance issued by the plaintiff upon the life of said Herman 1). Cable in January of the present year. There was a general demurrer put in by the defendant to the bill of…
1Opinion of the Court
BUNN, 'District Judge,
after making the foregoing statement, delivered (lie opinion of the court.
It must, we think, be conceded that the bill in this case alleges facts constituting a good cause of action in equiiy for the cancellation of the policy, unless the plaintiff has a full and adequate remedy at law tor the same cause. A suit at law has been commenced, in the state court of Illinois to recover upon the policy, and, if it be an adequate remedy at law to turn the plaintiff over for litigation of its lights in the state court under the circumstances set out in the bill, then the United…
2Cases cited20 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Case of Broderick's WillSupreme Court of the United States · 1875
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
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3Cited by16 opinions
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Risty v. Chicago, R. I. &. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1924
- Mutual Life Ins. v. PearsonU.S. Circuit Court for the District of Massachusetts · 1902
- J. & A. Freiberg Co. v. DawsonDistrict Court, W.D. Kentucky · 1920
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