Adamos v. New York Life Ins.

Third Circuit

Adamos v. New York Life Ins.

71 F.2d 997, 1934 U.S. App. LEXIS 3283

CourtCourt of Appeals for the Third Circuit

DecidedJuly 10, 1934

DocketNo. 5436

StatusPublished

Cited by1 cases

This text of 71 F.2d 997 (Adamos v. New York Life Ins.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adamos v. New York Life Ins., 71 F.2d 997, 1934 U.S. App. LEXIS 3283 (3d Cir. 1934).

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Opinion

BUFFINGTON, Circuit Judge.

In this ease the beneficiary of four policies issued by the New York Life Insurance Company on the life of Andy Adamos brought suit to recover thereon. In answer thereto the insurance company, in pursuance of section 274b of the Judicial Code (28 USCA § 398), and in accord with Enelow v. New York Life Insurance Co. (C. C. A.) 70 F.(2d) 728, prayed equitable relief by canceling the policies in question on the ground of fraud. After testimony was taken, the court found the decedent guilty of the alleged fraud, in that in his application for insurance he had falsely stated that he had not been treated by any doctors, whereas, in point of fact, by his own admission, he had been under the care of several, and had been informed that he was suffering from probably fatal maladies.

After hearing and due consideration had, we agree with the court below and find it had ample testimony on which to base its finding that a fraud had been committed.

The judgment below is therefore affirmed.

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BUFFINGTON, Circuit Judge.

In this ease the beneficiary of four policies issued by the New York Life Insurance Company on the life of Andy Adamos brought suit to recover thereon. In answer thereto the insurance company, in pursuance of section 274b of the Judicial Code (28 USCA § 398), and in accord with Enelow v. New York Life Insurance Co. (C. C. A.) 70 F.(2d) 728, prayed equitable relief by canceling the policies in question on the ground of fraud. After testimony was taken, the court found the decedent guilty of the alleged fraud, in that in his application for insurance he had falsely stated that he had not been treated by any doctors, whereas, in point of fact, by his own admission, he had been under the care of several, and had been informed that he was suffering from probably fatal maladies.

After hearing and due consideration had, we agree with the court below and find it had ample testimony on which to base its finding that a fraud had been committed.

The judgment below is therefore affirmed.

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71 F.2d 997, 1934 U.S. App. LEXIS 3283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adamos-v-new-york-life-ins-ca3-1934.

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