Schurmeier v. Connecticut Mut. Life Ins.

In my opinion the conclusion in this case conflicts with the decisions of the Supreme Court in *9Security Trust Company v. Black River National Bank, 187 U. S. 211, 229, 237, 23 Sup. Ct. 52, 47 L. Ed. 147, and Union Pacific Ry. Co. v. Wyler, 158 U. S. 290, 296, 15 Sup. Ct. 877, 39 L. Ed. 983, and with the decisions of this court in Schurmeier v. Connecticut Mutual Life Ins. Co., 137 Fed. 42, 47, 69 C. C. A. 22, 27, and Whalen v. Gordon, 95 Fed. 305, 309, 37 C. C. A. 70, 74, and the insurance company was not entitled to any relief in this suit: First, because after July 18, 1902 the date of the…