MCDERMOTT

v.

JOHN HANCOCK MUTUAL LIFE INSURANCE CO.

Citator

Cited By

• Odessa Woods v. The Nat'l Life & Accident Ins. Co., 347 F.2d 760 (3d Cir. 1965)
  …in actions on life insurance policies where the defense was fraudulent representations. Croll v. John Hancock Mutual Life Ins. Co., 198 F. 2d 562 (C.A.3, 1952); Mc-Dermott v. John Hancock Mutual Life Ins. Co., 255 F. 2d 562 (C.A.3, 1958), cert. den. 358 U.S. 935, 79 S.Ct. 324, 3 L.Ed.2d 306. In like cases it has also reversed judgments entered on verdicts for plaintiff-beneficiaries with directions to enter judgments n. o. v. in favor of the insurance companies. Landau v. Mutual Life Ins. Co. of N. Y., 199…
• United States ex rel. Larry Johnson v. Vincent, 507 F.2d 1309 (2d Cir. 1974)
  …ngs in the nisi prius court. It does not appear that the trial court erred.” [*1313] While it may be said that Johnson resorted to the wrong state remedy, we held in United States ex rel. Cuomo v. Fay, 257 F. 2d 438, 442 (2 Cir. 1958), cert. denied, 358 U.S. 935 (1959), that: “Invocation of an improper remedy will suffice as an exhaustion only on a clear indication that the federal question was considered on the merits.” (emphasis added). Here, Justice Fein specifically declined to rule on the merits of J…
• Baldwin v. Lewis, 442 F.2d 29 (7th Cir. 1971)
  …eady for decision.” Baldwin v. Lewis, 300 F.Supp. 1220, 1229 (E.D.Wis. 1969). This burden was on the petitioner of proving compliance with the exhaustion requirement. United States ex rel. Cuomo v. Fay, 257 F. 2d 438, 442 (2d Cir. 1958), cert. den. 358 U.S. 935, 79 S.Ct. 325, 3 L.Ed.2d 307 (1959). The petitioner having failed to sustain the burden of proof and the matter obviously being a specified starting point for the district court’s opinion, we find this contention of the petitioner without merit. In…