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RISHEL v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA

Nos. 1217-1222.

78 F.2d 881 (1935)

RISHEL v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA, and five other cases.

Circuit Court of Appeals, Tenth Circuit.

September 5, 1935.

Attorney(s) appearing for the Case

Harold D. Roberts, of Denver, Colo. (James H. Ball, Burton W. Musser, and Thomas L. Mitchell, all of Salt Lake City, Utah, and Peter H. Holme and Milton J. Keegan, both of Denver, Colo., on the brief), for appellant.

Cass M. Herrington, of Denver, Colo., for appellee Pacific Mut. Life Ins. Co. of California.

Norman A. Hutchinson, of Denver, Colo. (Pershing, Nye, Bosworth & Dick, of Denver, Colo., on the brief), for appellee Penn Mut. Life Ins. Co. of Philadelphia.

Percy A. Robinson and Carl C. Hearnsberger, both of Denver, Colo., for appellee Equitable Life Assur. Soc. of United States.

Horace Phelps, of Denver, Colo. (James D. Benedict and Horace F. Phelps, both of Denver, Colo., on the brief), for appellee Prudential Ins. Co. of America.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

These are actions at law to recover the sums paid by way of single premiums for six annuity contracts. Plaintiff declares generally upon the common counts of moneys had and received for the use and benefit of his testate, but does not stop there. Instead, plaintiff sets out the annuity contracts granted for the sums paid, with other facts thought to justify rescission of the contracts and the recoveries...

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