Legal Opinion
Leahy v. United States
Court of Appeals for the Ninth Circuit
Decided November 22, 1926No. 4856PublishedCited by 8 opinions
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The court below found, and it may be regarded as established by the record, that no such letter to the Veterans’ Bureau was received or recorded. The appellant asserts that she is entitled to the benefit of the presumption that a notice duly mailed by the insured was in ordinary course received by the bureau. In so contending, however, she assumes an unproven premise.
The presumption that a letter properly directed and mailed reached its destination and was received by the person to whom it was directed is a presumption, not of law, but of fact, and is…
2Cases cited6 opinions
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Schutz v. JordanSupreme Court of the United States · 1891
- Claffy v. ForbesDistrict Court, W.D. Washington · 1922
- Davidson S. S. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1905
- Farley v. United StatesDistrict Court, D. Oregon · 1923
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bradley v. United StatesCourt of Appeals for the Tenth Circuit · 1944
- Crude Oil Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1947
- Harry Jones v. United States of America, Carrie A. Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1955
- Fidelity & Casualty Co. of New York v. NiemannCourt of Appeals for the Eighth Circuit · 1931
- Kerr v. United StatesCourt of Appeals for the D.C. Circuit · 1939
3 more not listed; retrieve them via the Exa API.