Legal Opinion

Barton v. United States

District Court, S.D. California

Decided February 5, 1948No. 5527-WMPublishedCited by 16 opinions

1Opinion of the Court

MATHES, District Judge.

Plaintiff sues for a portion of the death benefits payable under a policy issued to her deceased husband pursuant to the National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. §§ 801-818.

Defendants are the insured’s mother, Ella Moran Barton Ferris, who claims the entire proceeds as first beneficiary designated in the policy; the insured’s brother, Donald R. Barton, who is contingent beneficiary; and the United States, as insurer.

Consent to sue the Government is granted, and jurisdiction of this court is conferred by 38 U.S.C.A. § 817, which incorporates…

2Cases cited18 opinions

  1. Southern Pacific Co. v. Arizona Ex Rel. SullivanSupreme Court of the United States · 1945
  2. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  3. Prigg v. PennsylvaniaSupreme Court of the United States · 1842
  4. James Stewart & Co. v. SadrakulaSupreme Court of the United States · 1940
  5. Mayo v. United StatesSupreme Court of the United States · 1943

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

3Cited by16 opinions

  1. Kauffman v. KauffmanCalifornia Court of Appeal · 1949
  2. Ruth Iola Hoffman v. United States of America, and Pearl L. LechnerCourt of Appeals for the Ninth Circuit · 1968
  3. Taylor v. United StatesDistrict Court, W.D. Arkansas · 1953
  4. In Re Marriage of PardeeDistrict Court, C.D. California · 1976
  5. Wissner v. WissnerCalifornia Court of Appeal · 1949

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

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