Smith v. New York Life Insurance Co.
| Decision Date | 09 March 1929 |
| Docket Number | No. 5416.,5416. |
| Citation | 31 F.2d 281 |
| Parties | Sylvester T. SMITH et al., Appellants, v. NEW YORK LIFE INSURANCE CO. OF NEW YORK, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
G. L. Porterie, of Marksville, La., for appellants.
Richard B. Montgomery and Richard B. Montgomery, Jr., both of New Orleans, La., and R. F. White, of Alexandria, La., for appellee.
Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.
It was stipulated by counsel that the above case should abide the result of the appeal in Theodosia S. Smith v. Mutual Life Insurance Co. of New York (C. C. A.) 31 F.(2d) 280, this day decided and affirmed.
Accordingly the judgment herein is affirmed.
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5 cases
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Metropolitan Life Ins. Co. v. Williams
...the aggressor, then the injury was not by accidental means. Interstate Business Men's Acc. Assn. v. Lester, 257 F. 225; Smith v. New York Life Ins. Co., 31 F.2d 281; Occidental Life Ins. Co. v. Holcomb, 10 F.2d 125; Mutual Life Ins. Co. v. Sargent, 51 F.2d 4; Taliaferro v. Travelers' Protec......
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Brooks v. Washington Nat. Life Ins. Co.
...Co., D.C., 11 F.Supp. 1001; Mutual Life Ins. Co. of New York v. Sargent, 5 Cir., 51 F.2d 4, Hutcheson, Judge, citing: Smith v. New York Life Ins. Co., 5 Cir., 31 F.2d 281; Nerrow v. Pacific Mutual Life Ins. Co., Mo.App., 294 S.W. 97, 99; Withers v. Pacific Mutual Life Ins. Co., 58 Mont. 485......
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Cruse v. Union Central Life Ins. Co.
...69 F.2d 849, decided on April 6, 1934, opinion by Judge Bryan; Love v. New York Life Insurance Co., 64 F.2d 829; Smith v. New York Life Insurance Co., 31 F.2d 281, opinion by Judge Bryan; and the fairly recent case of Mullaney v. Prudential Insurance Co. of North America, 125 F.2d 900, opin......
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Seaboard Life Ins. Co. v. Murphy, 3579.
...it is incumbent upon the deceased to take initiative again and show by other evidence that the death was accidental. Smith v. New York Life Ins. Co. (C.C.A.) 31 F.2d 281. And this can be accomplished by showing that the insured was not the aggressor or if he was the aggressor, that he could......
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