New York Life Ins. v. Dunlevy
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by Effie J. Gould Dunlevy against the New York Life Insurance Company and another. Judgment for plaintiff (204 Fed. 670), and defendants bring error. The plaintiff in error issued a policy of life insurance to one Joseph W. Gould.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by Effie J. Gould Dunlevy against the New York Life Insurance Company and another. Judgment for plaintiff (204 Fed. 670), and defendants bring error. The plaintiff in error issued a policy of life insurance to one Joseph W. Gould. The defendant in error, the daughter of Gould, as assignee of the policy, recovered judgment thereon in the court helow. The parties to the action will be designated herein plaintiff and defendant, as they were in the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1, 2] Before considering the assignments of error, it is necessary to determine what questions are properly before this court for decision. The record discloses no findings of facts, either general or special, in accordance with sections 649-700 of the Revised Statutes (U. S. Comp. St. 1901, p.p. 525-570), and no requests for instructions. In the absence of findings by the trial court, inferences of facts to establish ultimate facts cannot be drawn by an appellate court from the testimony which may be found in the record. Norris v. Jackson, 9 Wall. 125, 19…
2Cases cited18 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Norris v. JacksonSupreme Court of the United States · 1870
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Amy v. WatertownSupreme Court of the United States · 1889
- Dull v. BlackmanSupreme Court of the United States · 1898
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3Cited by18 opinions
- Dunsmuir v. ScottCourt of Appeals for the Ninth Circuit · 1914
- The FalcoCourt of Appeals for the Second Circuit · 1927
- United States v. Estate of SwanCourt of Appeals for the Fifth Circuit · 1971
- Clay County Bank v. WilsonWest Virginia Supreme Court · 1930
- National Surety Co. v. Lincoln CountyCourt of Appeals for the Ninth Circuit · 1917
13 more not listed; retrieve them via the Exa API.