Legal Opinion

McNamara v. Provident Sav. Life Assur. Soc.

Court of Appeals for the Fifth Circuit

Decided April 22, 1902No. 1,113PublishedCited by 34 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. This cause is one wherein the Provident Savings Life Assurance Society of New York brings a bill against Ernest M. Loeb and tho widow and heirs of Robert McNamara.

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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. This cause is one wherein the Provident Savings Life Assurance Society of New York brings a bill against Ernest M. Loeb and tho widow and heirs of Robert McNamara. The bill alleges the issue of a policy whereby the company promised to pay to Mo-ses Schwartz, his executors, administrators, ox-assigns, the sum of $10,000, less any indebtedness on account of the policy, within 90 days after receipt of satisfactory proof, at its office in New York, of the death of Robert McNamara; the death of McNamara; tho…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts as above), i. Judge Parlange, in the circuit court, overruled the demurrer on the ground that the bill, if not good as a pure bill of interpleader, was certainly good as a bill in the nature of a bill of interpleader, and showing equities in favor of complainant entitling it to relief; citing Groves v. Sentell, 153 U. S. 485, 14 Sup. Ct. 898, 38 L. Ed. 785, and other authorities. This ruling is fully supported by the adj’udged cases cited, and, so far as the demurrer to the bill is concerned, Judge Parlange’s opinion, found in the record, needs neither to be amplified…

2Cases cited7 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Groves v. SentellSupreme Court of the United States · 1894
  3. Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
  4. Louisiana State Lottery Co. v. ClarkU.S. Circuit Court for the District of Eastern Louisiana · 1883
  5. Badeau v. Rogers & SecordNew York Court of Chancery · 1830

2 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Schirmer Stevedoring Co., Ltd. v. Seaboard Stevedoring Corp., Brady Hamilton Stevedore Co., Williams, Dimond & Co., N. J. Goulandris, Ltd., Financiera Peruana, S.A. v. Seaboard Stevedoring Corporation, N. J. Goulandris, Ltd. v. Marine Chartering Co., Inc.Court of Appeals for the Ninth Circuit · 1962
  2. Globe Indemnity Co. v. Puget Sound Co.Court of Appeals for the Second Circuit · 1946
  3. Schirmer Stevedoring Co. v. Seaboard Stevedoring Corp.Court of Appeals for the Ninth Circuit · 1962
  4. Cramer v. Phoenix Mut. Life Ins. Co. of Hartford, Conn.Court of Appeals for the Eighth Circuit · 1937
  5. Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927

29 more not listed; retrieve them via the Exa API.

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