Faye E. Smith, John H. Smith, Jr., Edward Smith, James Smith, Timothy Smith and George Smith v. Allstate Insurance Company

Sixth Circuit

Faye E. Smith, John H. Smith, Jr., Edward Smith, James Smith, Timothy Smith and George Smith v. Allstate Insurance Company

288 F.2d 471

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 10, 1960

Docket14228_1

StatusPublished

This text of 288 F.2d 471 (Faye E. Smith, John H. Smith, Jr., Edward Smith, James Smith, Timothy Smith and George Smith v. Allstate Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Faye E. Smith, John H. Smith, Jr., Edward Smith, James Smith, Timothy Smith and George Smith v. Allstate Insurance Company, 288 F.2d 471 (6th Cir. 1960).

Pincite

Opinion

ORDER.

This cause came on to be heard upon the record, briefs and arguments of counsel. This is an appeal from a judgment entered pursuant to an opinion of District Judge Paul Jones. In a declaratory judgment action a policy of automobile liability insurance written by plaintiff, Allstate Insurance Company, insuring one Fitzhugh L. Baileys, was declared null and void because of misrepresentations made by the insured in applying for such insurance. The parties defendant, in addition to the said Fitzhugh L. Baileys, are the administratrix of the estate of, and widow and minor children of, one John H. Smith who was killed when struck by the motor vehicle of Fitzhugh L. Baileys. The latter parties had recovered a judgment against Baileys in a wrongful death action.

Judge Jones filed an opinion which contained his Findings of Fact and Conclusions of Law. Such opinion adequately considers the factual and legal questions involved. Allstate Ins. Co. v. Baileys, D. C., 192 F.Supp. 597. We ai'e of the opinion that his Findings of Fact are not clearly erroneous and agree with his Conclusions of Law.

It is, accordingly, ordered that the judgment of the district court be, and it is, hereby affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER.

This cause came on to be heard upon the record, briefs and arguments of counsel. This is an appeal from a judgment entered pursuant to an opinion of District Judge Paul Jones. In a declaratory judgment action a policy of automobile liability insurance written by plaintiff, Allstate Insurance Company, insuring one Fitzhugh L. Baileys, was declared null and void because of misrepresentations made by the insured in applying for such insurance. The parties defendant, in addition to the said Fitzhugh L. Baileys, are the administratrix of the estate of, and widow and minor children of, one John H. Smith who was killed when struck by the motor vehicle of Fitzhugh L. Baileys. The latter parties had recovered a judgment against Baileys in a wrongful death action.

Judge Jones filed an opinion which contained his Findings of Fact and Conclusions of Law. Such opinion adequately considers the factual and legal questions involved. Allstate Ins. Co. v. Baileys, D. C., 192 F.Supp. 597. We ai'e of the opinion that his Findings of Fact are not clearly erroneous and agree with his Conclusions of Law.

It is, accordingly, ordered that the judgment of the district court be, and it is, hereby affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

288 F.2d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faye-e-smith-john-h-smith-jr-edward-smith-james-smith-timothy-smith-ca6-1960.

Opinion

Related

Cite This Page — Counsel Stack