Legal Opinion

Clarke v. Order of United Commercial Travelers

Court of Appeals for the Fifth Circuit

Decided October 26, 1935No. 7811PublishedCited by 4 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

Appellant, Lucy F. Clarke, sued on a certificate of membership of her husband which insured her in a sum of $6,300 against his death if due solely to bodily injury through external, violent, and accidental means. The case was tried at law to a jury, and, on the conclusion of her evidence, the defendant moved for a non-suit and the court directed a verdict for the defendant over the objections of the plaintiff that the case should go to the jury, but if not, a nonsuit rather than a verdict should be ordered.

*565A nonsuit in Georgia is the equivalent of the common-law demurrer…

2Cases cited10 opinions

  1. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  2. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  3. Barrett v. Virginian Railway Co.Supreme Court of the United States · 1919
  4. Coughran v. BigelowSupreme Court of the United States · 1896
  5. Exposition Cotton Mills v. Western & Atlantic RailroadSupreme Court of Georgia · 1889

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

3Cited by4 opinions

  1. Panama Agencies Co. v. FrancoCourt of Appeals for the Fifth Circuit · 1940
  2. Tippens v. Metropolitan Life Ins.Court of Appeals for the Fifth Circuit · 1938
  3. Mutual Ben. Health & Accident Ass'n v. WarrellCourt of Appeals for the Eighth Circuit · 1938
  4. Clarke v. Order of United Commercial TravelersCourt of Appeals for the Fifth Circuit · 1938

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