Toucey v. New York Life Ins. Co.
| Decision Date | 22 July 1940 |
| Docket Number | No. 11686.,11686. |
| Citation | 112 F.2d 927 |
| Parties | TOUCEY v. NEW YORK LIFE INS. CO. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Cornelius Roach, of Kansas City, Mo., for appellant.
Richard S. Righter, of Kansas City, Mo. (Horace F. Blackwell, Jr., of Kansas City, Mo., Louis H. Cooke, of New York City, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellee.
Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.
From a final decree permanently enjoining Samuel R. Toucey from relitigating in his own name or in the name of any other person the issues determined by the court below in this cause and from attempting to prosecute or proceed further in a suit pending in the Circuit Court of Jackson County, Missouri, entitled, "James Shay, Plaintiff, v. New York Life Insurance Company, a Corporation, Defendant," he has appealed.
Briefly stated, the facts are as follows: On January 2, 1924, the New York Life Insurance Company issued to Samuel R. Toucey a $50,000 policy of life insurance, which contained a provision that $500 a month would be paid him if prior to age sixty he became totally and permanently disabled. On September 26, 1934, the policy was surrendered by the insured and was reduced so that the death benefit was $25,000, with corresponding reductions of other indemnities and in future premiums. On October 26, 1935, the insured commenced this suit in the Circuit Court of Jackson County, Missouri, to set aside the reduction of the policy and to procure its reinstatement as originally written. In his bill of complaint he alleged that in April, 1933, he became totally and permanently disabled within the meaning of the policy and was entitled to the $500 monthly disability benefits from and after that time; that he was then not advised of his rights under the policy, and that in 1934 he was fraudulently induced by the Insurance Company to accept the reduction of the policy. The prayer of his bill was for a reinstatement of the policy as originally written, and an award of the disability benefits provided for. The Company removed the suit to the court below. In its answer it denied that the insured became disabled as he alleged and denied that the reduction of the policy was induced by fraud. The issues were tried, and the court below found no fraud and no total and permanent disability of the insured, and entered a decree dismissing the insured's bill upon the merits. This decree became final. Thereafter the insured made a formal assignment of his policy and his claims thereunder to James Shay, a resident of the District of Columbia, who commenced a suit in the Circuit Court of Jackson County, Missouri, to recover the $500 monthly benefits provided for by the policy as originally written, upon the ground that the insured had become totally and permanently disabled in April, 1933. The Insurance Company, with leave of court, filed its supplemental bill in the suit at bar, in which it set up the proceedings had in the court below and the attempt of the...
To continue reading
Request your trial
-
Toucey v. New York Life Ins Co Phoenix Finance Corporation v. Bridge Co
...638, 59 S.Ct. 1037, 83 L.Ed. 1519, and the injunction was made permanent. Toucey appealed and the Circuit Court of Appeals again affirmed, 112 F.2d 927. In view of the importance of the questions presented, we granted certiorari. 311 U.S. 643, 61 S.Ct. 440, 85 L.Ed. 410. The decision below ......
-
Shay v. New York Life Ins. Co.
......Ridge ,. Judge. . . . Affirmed. . . Cornelius. Roach, D. L. Brenner and Theodore F. Houx, Jr. ,. for appellant. . . (1). When the United States District Court sitting as a court in. equity decided against Mr. Toucey the equitable issue of. fraud upon which its jurisdiction as a court of equity was. grounded, that court lost jurisdiction to determine the. dependent issue of disability. Barnett v. Smart, 158. Mo. 167, 59 S.W. 236; Dowell v. Mitchell, 105 U.S. 430, 26 L.Ed. 1142; American Falls Milling ......
-
Alabama Power Co. v. Federal Power Commission
...515, reversed 305 U.S. 32, 59 S.Ct. 3, 83 L.Ed. 26, 118 A. L.R. 1518; White v. Higgins, 1 Cir., 116 F.2d 312, 317; Toucey v. New York Life Ins. Co., 8 Cir., 112 F.2d 927, 928, reversed 314 U.S. 118, 62 S.Ct. 139, 86 L. Ed. ___; Seattle v. Puget Sound Power & Light Co., 9 Cir., 15 F.2d 794, ......
-
Haverhill Gazette Company v. Union Leader Corporation
...would not constitute a bar to redetermination of the question of liability in the court below. See, e. g., Toucey v. New York Life Ins. Co., 8 Cir., 1940, 112 F.2d 927, 928, rev'd on other grounds, 314 U.S. 118, 62 S.Ct. 139, 86 L.Ed. 100, 137 A.L.R. 967; Western Fire Ins. Co. v. University......