Gregor v. State Mut Life Assur Co of Worcester, Mass 8212 1942, 179

Decision Date16 February 1942
Docket NumberNo. 179,179
PartiesMacGREGOR v. STATE MUT. LIFE ASSUR. CO. OF WORCESTER, MASS. Argued Feb. 2—3, 1942
CourtU.S. Supreme Court

See 315 U.S. 829, 62 S.Ct. 903, 86 L.Ed. —-.

Mr. Wm. B. Giles, of Detroit, Mich., for petitioner.

Mr. Wm. Marshall Bullitt, of Louisville, Ky., for respondent.

PER CURIAM.

Petitioner brought this action to recover the premium of a life annuity contract purchased by his decedent. The suit was begun in a state court of Michigan, but was removed, because of diversity of citizenship, to the United States District Court for the Eastern District of Michigan. Petitioner's claim is founded on the applicability of Michigan legislation regulating the conduct of insurance business in Michigan. The District Court held that 'the contract involved herein having been executed outside the State of Michigan, the statutes of the State of Michigan relied upon by the plaintiff are not applicable'. Accordingly judgment went against petitioner. This judgment was affirmed by the Circuit Court of Appeals, 6 Cir., 119 F.2d 148.

No decision of the Supreme Court of Michigan, or of any other court of that State, construing the relevant Michigan law has been brought to our attention. In the absence of such guidance, we shall leave undisturbed the interpretation placed upon purely local law by a Michigan federal judge of long experience and by three circuit judges whose circuit includes Michigan.

Affirmed.

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52 cases
  • Francis v. Southern Pac Co
    • United States
    • U.S. Supreme Court
    • March 15, 1948
    ...1487. See Palmer v. Hoffman, 318 U.S. 109, 118, 63 S.Ct. 477, 482, 87 L.Ed. 645, 144 A.L.R. 719; MacGregor v. State Mutual Life Assur. Co., 315 U.S. 280, 62 S.Ct. 607, 86 L.Ed. 864; Steele v. General Mills, 329 U.S. 433, 439, 67 S.Ct. 439, 442. Cf. Wichita Royalty Co. v. City Nat. Bank, 306......
  • Helvering v. Stuart
    • United States
    • U.S. Supreme Court
    • November 16, 1942
    ...a definite conviction of error in the conclusion, this Court will not reverse that judgment. MacGregor v. State Mutual Life Assurance Company, 315 U.S. 280, 62 S.Ct. 607, 86 L.Ed. 864. Cf. Reitz v. Mealey, 314 U.S. 33, page 39, 62 S.Ct. 24, 28, 86 L.Ed. 21; Railroad Comm. v. Pullman Co., 31......
  • Spiegel Estate v. Commissioner of Internal Revenue
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    • U.S. Supreme Court
    • January 17, 1949
    ...137 (1948). 7 See Helvering v. Stuart, 317 U.S. 154, 163, 164; 63 S.Ct. 140, 145, 146, 87 L.Ed. 154; MacGregor v. State Mutual Life Assur. Co., 315 U.S. 280, 62 S.Ct. 607, 86 L.Ed. 864. 8 'Applying this law to the instant case, we think it follows that the interests under this trust did not......
  • Propper v. Clark
    • United States
    • U.S. Supreme Court
    • June 20, 1949
    ...U.S. 701, 707—708, 69 S.Ct. 301, 303, 304; Helvering v. Stuart, 317 U.S. 154, 63 S.Ct. 140, 87 L.Ed. 154; MacGregor v. State Mutual Co., 315 U.S. 280, 62 S.Ct. 607, 86 L.Ed. 864. We shall examine the problem from that point of Having no state case on the precise statute before it, the Court......
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1 books & journal articles
  • Appellate Review of Unclear State Law in the Ninth Circuit After in Re Mclinn
    • United States
    • Seattle University School of Law Seattle University Law Review No. 9-02, December 1985
    • Invalid date
    ...on state law after reasoning that the lower court was "much closer" to state law than it was. 31. MacGregor v. State Mut. Life Assur. Co., 315 U.S. 280, 281 32. In Clay v. Sun Ins. Office Ltd., 363 U.S. 207 (1960), the Supreme Court vacated and remanded a decision by the Fifth Circuit Court......

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