Legal Opinion

Helmholz v. Horst

Court of Appeals for the Sixth Circuit

Decided January 11, 1924No. 3887PublishedCited by 37 opinions

Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; John W. Peck, Judge. Suit in equity by Catherine Horst against the United "States, Robert Helmholz, and others. From the decree rendered (283 Fed. 600), all of the defendants, except the United States, appeal.

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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; John W. Peck, Judge. Suit in equity by Catherine Horst against the United "States, Robert Helmholz, and others. From the decree rendered (283 Fed. 600), all of the defendants, except the United States, appeal. This is an appeal from the decree of, the District Court awarding to the appellee Catherine Horst the benefits accruing and to accrue from and after December 31, 1920, of war risk insurance issued by tho United States government on the life of Albert R. Marshall. The following…

1Opinion of the CourtDonahue, Circuit Judge

(after stating the facts as above). [1, 2] Under the provisions of the War Risk Insurance Act of October 6, 1917, in force at the time the certificate of insurance was issued upon the application of Marshall, and at the time of his death, the beneficiaries were restricted to a spouse, child, grandparent, parent, brother, or sister of the whole or half blood. That act further provided that if no beneficiary within the permitted class be designated by the insured, either in his lifetime or by his last will and testament, the insurance shall be payable to such person or persons within the…

2Cases cited2 opinions

  1. Cassarello v. United StatesDistrict Court, M.D. Pennsylvania · 1919
  2. Cassarello v. United StatesCourt of Appeals for the Third Circuit · 1922

3Cited by37 opinions

  1. White v. United StatesSupreme Court of the United States · 1926
  2. Niewiadomski v. United StatesCourt of Appeals for the Sixth Circuit · 1947
  3. Johnson v. WhiteCourt of Appeals for the Eighth Circuit · 1930
  4. In Re Estate of PivonkaSupreme Court of Iowa · 1926
  5. Battaglia v. BattagliaCourt of Appeals of Texas · 1926

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