Legal Opinion

Mutual Life Ins. v. Pearson

U.S. Circuit Court for the District of Massachusetts

Decided March 28, 1902No. 1,486PublishedCited by 10 opinions

In Equity.

1Opinion of the Court

COLT, Circuit Judge.

This bill in equity seeks the delivery and cancellation of a life insurance policy on the ground of fraud and conspiracy, and an injunction against bringing any suit upon the policy. The defendant has demurred to the bill. The principal grounds of demurrer are that the bill does not state such a cause of action as entitles the complainant to relief in equity, and that it appears from the bill that the complainant has a plain, adequate, and complete remedy at law. '

The inherent power of a court of equity to set aside a contract obtained by fraud is ancient, familiar, and…

2Cases cited9 opinions

  1. Boyce's Executors v. GrundySupreme Court of the United States · 1830
  2. Insurance Co. v. BaileySupreme Court of the United States · 1871
  3. Buzard v. HoustonSupreme Court of the United States · 1886
  4. Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
  5. Watson v. SutherlandSupreme Court of the United States · 1867

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3Cited by10 opinions

  1. Lincoln Nat. Life Ins. Co. v. HammerCourt of Appeals for the Eighth Circuit · 1930
  2. Reid v. ShafferCourt of Appeals for the Sixth Circuit · 1918
  3. Illinois Life Insurance v. City of ChicagoAppellate Court of Illinois · 1927
  4. Lincoln Nat. Life Ins. v. PeakeDistrict Court, W.D. Missouri · 1925
  5. Massachusetts Protective Ass'n v. StephensonDistrict Court, E.D. Kentucky · 1933

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