Tannehill v. United States, 6181.
| Decision Date | 16 February 1949 |
| Docket Number | No. 6181.,6181. |
| Citation | 82 F. Supp. 362 |
| Parties | TANNEHILL v. UNITED STATES et al. |
| Court | U.S. District Court — Northern District of Alabama |
Edward Saunders, of Bessemer, Ala., and Kingman C. Shelburne, of Birmingham, Ala., for plaintiff.
Lipscomb & Brobston, of Bessemer, Ala., for defendant and cross-plaintiff, Sallie Tannehill.
John D. Hill, U. S. Atty. and Wm. L. Hogue, Asst. U. S. Atty., both of Birmingham, Ala., for defendant, United States.
This cause, coming on to be heard, was submitted upon the motion of defendant and cross plaintiff, Sallie Tannehill, for a summary judgment under the provisions of Federal Rules of Civil Procedure, rule 56(c), 28 U.S.C.A.
Upon a full and fair consideration of said motion, the pleadings, the affidavits filed in behalf of the defendant and cross plaintiff, Sallie Tannehill, and the affidavits filed in behalf of the plaintiff, Mattie S. Tannehill, the stipulation of the parties, and of the arguments of counsel for the respective parties, the court is of the opinion that there is no genuine issue as to any material fact and that judgment is due to be rendered against the plaintiff and in favor of the defendant and cross plaintiff, Sallie Tannehill.
The insured, Leonidas Tannehill, entered the military service of the United States on January 4, 1943, was honorably discharged on March 2, 1944, and died on October 18, 1946. While in the service the insured applied for a policy of National Service Life Insurance in the amount of $10,000 in which he designated as the primary beneficiary of such insurance in the amount of $5,000 the defendant and cross plaintiff, Sallie Tannehill, as his wife, and Mattie Tannehill, as his mother, the contingent beneficiary thereunder for such sum. Pursuant to his application therefor, National Service Life Insurance was granted to the said insured in the amount of $10,000, evidenced by Certificate N-8308133. The said policy of insurance was in effect on the date insured died and did mature as a result of his death from pulmonary tuberculosis on October 18, 1946.
The counter affidavits filed in behalf of the plaintiff, Mattie S. Tannehill, establish the fact that the insured was divorced from the said Sallie Tannehill by a court of competent jurisdiction on August 22, 1946. The counter affidavits likewise tender the issue that the said Sallie Tannehill was not the wife of the insured at the time he applied for and obtained the insurance involved in this action because their purported marriage was bigamous in that the said Sallie Tannehill then had a living husband from whom she had not been divorced.
It is my opinion that since the insurance...
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Kiss v. United States, Civ. A. No. 13137.
...This precise question would appear to have been decided in favor of the additional defendant in the case of Tannehill v. United States, D.C.N.D.Ala.1949, 82 F.Supp. 362, at page 363, where the Court "It is my opinion that since the insurance policy involved herein matured after August 1, 19......
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Johnson v. Baldwin, Civil Action No. 865.
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