NEW YORK LIFE INSURANCE CO.

v.

MALLOY ET AL.

Citator

Cited By

• Jacques Moreau v. Egon Oppenheim, 663 F.2d 1300 (5th Cir. 1981)
  …s that fraud cannot be predicated upon misrepresentation as to matters of law. The short answer to this is that a misrepresentation of law between fiduciaries is a horse of a different color. Meacham v. Halley, 103 F. 2d 967 (5th Cir.) cert. denied, 308 U.S. 572, 60 S.Ct. 86, 84 L.Ed. 480 (1939) (misrepresentation of law between fiduciaries may be actionable); Safety Casualty Co. v. McGee, 133 Tex. 233, 127 S.W. 2d 176, 177 (Com’n App.1939). VI. Other claims. The Oppenheims’ litany of other claims of erro…
• The Mfrs. Life Ins. Co. v. Capitol Datsun, Inc., 566 F.2d 354 (D.C. Cir. 1977)
  …al policy,20 they must be examined to determine whether their provisions on effectiveness are reasonably susceptible of different interpretation or more than one meaning. Malloy v. New York Life Ins. Co., 103 F. 2d 439, 445 (1st Cir.), cert. denied, 308 U.S. 572, 60 S.Ct. 86, 84 L.Ed. 480 (1939). The provision of the application referring to effectiveness of the policy is set forth above. As pointed out by the district court, the clause could be read as providing for effectiveness either upon payment of th…
• Mendez v. Mendez, 176 F.2d 849 (1st Cir. 1949)
  …ithout a jury and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. In Malloy v. New York Life Ins. Co., 1 Cir., 103 F. 2d 439, 443, 444; certiorari denied New York Life Ins. Co. v. Malloy, 308 U.S. 572, 60 S.Ct. 86, 84 L.Ed. 480, we said: “And where the credibility of witnesses is a determinative factor in arriving at findings of fact, as was the case here, the reviewing court will not usually upset those findings made by the judge who has had th…