Legal Opinion

Waters v. Kopp

Court of Appeals for the D.C. Circuit

Decided March 8, 1910No. 2054PublishedCited by 9 opinions

Hearing on an appeal from a decree of the Supreme Court of the District of Columbia, sitting as a court of equity,- by tbe complainant in a bill for tbe establishment of tbe assignment of a life insurance policy, who was also one of several defendants to a cross bill seeking to vacate such assignment, and for tbe distribution of tbe proceeds of the policy.

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Hearing on an appeal from a decree of the Supreme Court of the District of Columbia, sitting as a court of equity,- by tbe complainant in a bill for tbe establishment of tbe assignment of a life insurance policy, who was also one of several defendants to a cross bill seeking to vacate such assignment, and for tbe distribution of tbe proceeds of the policy. The Court in the opinion stated the facts as follows: On December 5, 1881, an insurance policy was issued by the Hartford Life & Annuity Insurance Company of Hartford, Connecticut, on the life of John Shea, for $10,000. It was payable “to…

1Opinion of the Court

Mr. Associate Justice Gould,

of the Supreme Court of the District of Columbia, who sat with the Court in the hearing and determination of the case in the place of Mr. Justice Van Orsdel, delivered the opinion of the Court:

To sustain the decree the appellees urge:

1st. That John Shea had no interest in the policy which he could assign to Mrs. Waters.

2d. That the assignment was invalid because of the relations of the parties as cotenants of the policy.

3d. That the assignment was invalid because of the fraud *580practised, and the undue influence exercised, by Mrs. Waters and her husband upon John…

2Cases cited4 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Griswold v. . SawyerNew York Court of Appeals · 1891
  3. Johnson v. Van EppsIllinois Supreme Court · 1884
  4. Robinson v. HurstCourt of Appeals of Maryland · 1893

3Cited by9 opinions

  1. 1901 Wyoming Avenue Cooperative Ass'n v. LeeDistrict of Columbia Court of Appeals · 1975
  2. Klein v. MilesDistrict of Columbia Court of Appeals · 1944
  3. Board of Directors v. Board of TrusteesDistrict of Columbia Court of Appeals · 2002
  4. W. C. & A. N. Miller Development Co. v. Emig Properties Corp.District Court, District of Columbia · 1943
  5. Major v. ShaverDistrict Court, District of Columbia · 1946

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