Ettelson v. Metropolitan Life Ins Co, No. 70
| Court | United States Supreme Court |
| Writing for the Court | ROBERTS |
| Citation | 63 S.Ct. 163,317 U.S. 188,87 L.Ed. 176 |
| Parties | ETTELSON et al. v. METROPOLITAN LIFE INS. CO |
| Docket Number | No. 70 |
| Decision Date | 07 December 1942 |
v.
METROPOLITAN LIFE INS. CO.
Page 189
Mr. Conover English, of Newark, N.J., for Metropolitan Life ins. co.
Messrs. Arthur T. Vanderbilt, of Newark, N.J., and Jack Rinzler, of Passaic, N.J., for Adrian Ettelson and others.
Mr. Justice ROBERTS delivered the opinion of the Court.
The Circuit Court of Appeals has certified the following question:
In a civil action in a district court upon a claim of a character formerly cognizable at law in which the defendant has filed a counterclaim of a character formerly cognizable in equity (or in an action at law under the provisions of Section 274b1 of the Judicial Code), is an order that the issue raised by the counterclaim shall be heard and disposed of by the court prior to the issue raised by the complaint an order granting an injunction within the meaning of Section 1292 of the Judicial Code and therefore appealable under that section?
From the certificate it appears that the question arises upon these facts: The plaintiffs filed, in a New Jersey State Court, a complaint in five counts to recover amounts alleged to be due plaintiffs by the defendant on life insur-
Page 190
ance policies issued by it upon the life of Richard Ettelson, deceased. The cause was removed to the United States District Court for New Jersey. Plaintiffs demanded a jury trial. The defendant filed an answer in the District Court setting up that the policies were obtained by the fraud of the insured and are void because of material false statements made by the insured in the application for the policies. The answer did not allege that the false statements were knowingly and intentionally made.
With the answer the defendant filed a counterclaim alleging that the policies were obtained by the fraud of the insured and are void because of the material false statements made by him in the application; and prayed that the policies be decreed void upon the return by the defendant of the premiums paid thereon, and that the plaintiffs be enjoined from further prosecuting the action at law. The plaintiffs moved for dismissal of the counterclaim on the ground that the defendant has an adequate remedy at law on the law side of the court in the pending action in which issue has been joined; and further that the counterclaim fails to state a claim upon which equitable relief can or should be granted by the court.
The District...
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Federal Skywalk Cases, In re, Nos. 82-1181
...injunction depends upon the substantial effect of the order rather than its terminology. See Ettelson v. Metropolitan Life Insurance Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 (1942); In re Glenn W. Turner Enterprises Litigation, 521 F.2d 775 (3d Cir. In the present case, contrary to the......
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USM Corp. v. GKN Fasteners, Ltd., No. 77-1433
...1 Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440 (1935); Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 2 We distinguish that line of cases which has converted silence by a district court with respect to a pending request for tem......
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Mansbach v. Prescott, Ball & Turben, No. 77-3226
...(1955); City of Morgantown v. Royal Ins. Co., 337 U.S. 254, 69 S.Ct. 1067, 93 L.Ed. 1347 (1949); Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 (1942); Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440 14 Baltimore Contractors, supr......
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Brandon v. Hines, No. 79-1174.
...is appealable), cert. denied, 386 U.S. 912, 87 S.Ct. 861, 17 L.Ed.2d 785 (1967). 11. See Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 (1942); Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440 (1935). See generally 9 Moore's, supra......
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Federal Skywalk Cases, In re, Nos. 82-1181
...injunction depends upon the substantial effect of the order rather than its terminology. See Ettelson v. Metropolitan Life Insurance Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 (1942); In re Glenn W. Turner Enterprises Litigation, 521 F.2d 775 (3d Cir. In the present case, contrary to the......
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USM Corp. v. GKN Fasteners, Ltd., No. 77-1433
...1 Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440 (1935); Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 2 We distinguish that line of cases which has converted silence by a district court with respect to a pending request for tem......
-
Mansbach v. Prescott, Ball & Turben, No. 77-3226
...(1955); City of Morgantown v. Royal Ins. Co., 337 U.S. 254, 69 S.Ct. 1067, 93 L.Ed. 1347 (1949); Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 (1942); Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440 14 Baltimore Contractors, supr......
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Brandon v. Hines, No. 79-1174.
...is appealable), cert. denied, 386 U.S. 912, 87 S.Ct. 861, 17 L.Ed.2d 785 (1967). 11. See Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188, 63 S.Ct. 163, 87 L.Ed. 176 (1942); Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310, 79 L.Ed. 440 (1935). See generally 9 Moore's, supra......