UNITED STATES v. STERLING

No. 360.

12 F.2d 921 (1926)

UNITED STATES v. STERLING.

Circuit Court of Appeals, Second Circuit.

June 4, 1926.


Attorney(s) appearing for the Case

William A. De Groot, U. S. Atty., of Brooklyn, N. Y. (James T. Brady, of New York City, of counsel), for the United States.

Jay, Smith & Jay, of Brooklyn, N. Y. (William J. Smith, of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The statute gives to the insured under the statutory policy an absolute right to change beneficiaries without their consent. The corollary to this rule is that under the act no beneficiary has or can have any rights as against the insurer — i. e., the United States — except such as have been given and not taken away by the insured.

The difference between the policy at bar and many issued...

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