Cable v. United States Life Ins. Co. of New York
Court of Appeals for the Seventh Circuit
Appeal and Cross Appeal from the Circuit Court of the United States for the Northern District of Illinois. The United States Life Insurance Company in the City of New York filed its bill in equity against Alice A. Cable, administratrix of the estate of Herman- D. Cable, deceased, for the cancellation upon the ground of fraud of a policy written by the company upon the life of the defendant’s intestate.
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Appeal and Cross Appeal from the Circuit Court of the United States for the Northern District of Illinois. The United States Life Insurance Company in the City of New York filed its bill in equity against Alice A. Cable, administratrix of the estate of Herman- D. Cable, deceased, for the cancellation upon the ground of fraud of a policy written by the company upon the life of the defendant’s intestate. A demurrer to the bill was sustained, and upon appeal to 'this court the judgment of the court below was reversed, and the demurrer directed to be overruled. Insurance Co. v. Cable, 39 C. C. A.…
1Opinion of the CourtJenkins, Circuit Judge
The action of the master in reporting his findings of fact and his conclusions of law upon the evidence was without authority, the order of reference only providing for the taking and return of testimony. The court, however, modified and adopted the findings, and they must be regarded as the findings of the court. An assignment of error to the decree gives the right to a hearing here upon an error well assigned, although no exception was filed to the master’s report.
It is a general rule that meditated silence, there being no duty to speak, will not avail to avoid a contract. There being no…
2Cases cited8 opinions
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Sun Mutual Insurance v. Ocean InsuranceSupreme Court of the United States · 1883
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- Powell v. Prudential Insurance Co. of AmericaSupreme Court of Alabama · 1907
- Roe v. National Life Insurance Ass'nSupreme Court of Iowa · 1908
24 more not listed; retrieve them via the Exa API.