A. I. WINSETT, NATHAN KENDALL, CHARLES E. WALKER ET AL.

v.

H. J. SPURWAY, RECEIVER OF THE TUCSON NATIONAL BANK

Citator

Cited By

• United States v. Groves, 122 F.2d 87 (2d Cir. 1941)
  …ntly held to be within the contemplation of the mail fraud statute. United States v. Buckner, 2 Cir., 108 F. 2d 921, certiorari denied 309 U.S. 669, 60 S.Ct. 613, 84 L.Ed. 1016. See Campbell v. United States, 9 Cir., 12 F. 2d 873, certiorari denied 273 U.S. 722, 47 S.Ct. 112, 71 L.Ed. 859. Appellants’ contrary argument — that so to interpret the Buckner case would make application of the statute more extensive than the common-law action for deceit — must fail for two reasons. First, the statute is not li…
• Prudential Ins. Co. of Am. v. Faulkner, 68 F.2d 676 (10th Cir. 1934)
  …ation, of this one contract, then, to avoid a multiplicity of suits, public policy requires that plaintiff may maintain but one action for the entire damages occasioned by such breach.” The ease was decided by a divided court. Certiorari was denied. 273 U. S. 722, 47 S. Ct. 112, 71 L. Ed. 859. The judgment being for damages computed on the basis of $25 per week during life expectancy was closely akin, if not tantamount in result, to recovering future payments under the policy. Such recovery was sanctioned b…
• Merrick v. Allstate Ins. Co., 349 F.2d 279 (8th Cir. 1965)
  …paration” (whereas the payment of punitive damages in settlement of the third lawsuit here is an admission of willful and material breach). The dissenting opinion in Federal Life Ins. Co. v. Rascoe, 12 F. 2d 693, 697-698 (6 Cir. 1926), cert. denied 273 U.S. 722, 47 S.Ct. 112, 71 L.Ed. 859, referred to with approval by the Kansas City Court of Appeals in Allen v. National Life & Acc. Ins. Co., supra, p. 536 of 67 S.W. 2d, and Restatement, Contracts, § 318, as revised in its 1948 Supplement, are also cited a…