Brown v. United States, 9477.
Citation | 164 F.2d 490 |
Decision Date | 28 November 1947 |
Docket Number | No. 9477.,9477. |
Parties | BROWN v. UNITED STATES et al. |
Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Lionel P. Kristeller, of Newark, N. J. (Kristeller & Zucker, of Newark, N. J., on the brief), for appellant.
Edward V. Ryan, Asst. U. S. Atty., of Newark, N. J. (Edgar H. Rossbach, U. S. Atty., of Newark, N. J., on the brief), for United States.
Samuel Levin, of Newark, N. J., for Nellie Brown.
Before MARIS, O'CONNELL and KALODNER, Circuit Judges.
This is an appeal by the plaintiff from a judgment against her in a suit for a declaratory judgment with respect to rights under a national service life insurance policy issued to a deceased soldier whom she claims was her husband. The district court held that the plaintiff, although named as beneficiary, was not the wife of the insured and hence was not entitled to the proceeds of the policy. The question was one which was to be determined by the law of New Jersey, the state in which the alleged marriage of the parties took place. In an opinion by judge Meaney, D. C., 72 F.Supp. 153, the district court correctly stated and applied that law. We need add nothing to what is there said.
The judgment will be affirmed.
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Danes v. Smith
... ... Brown v. United States, 72 F.Supp. 153 (D.C.1947); affirmed 164 F.2d 490 ... ...
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Dacunzo v. Edgye
... ... Following the example of many of our sister states, the New Jersey Legislature enacted L.1939, c. 227 (N.J.S.A. 37:1--10) ... The effect of the 1939 statute was considered in Brown v. United States, 72 F.Supp. 153 (D.C.N.J.1947), affirmed 164 F.2d 490 (3 ... ...
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Chirelstein v. Chirelstein
... ... Cf. Brown v. United States, 72 F.Supp. 153 (D.C.N.J. 1947), affirmed 164 F.2d 490 ... ...
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...of such marriage necessarily depends upon the law of the place where the marriage was contracted. Such was the decision in Brown v. United States, 3 Cir., 164 F.2d 490. We agree also with this case, and see no inconsistency between it and the Woodward case, supra. In using the word `widow,'......