McDaniel v. United States’s Empirical Analysis
196 F.2d 291 · 1952
Citation profile
24 federal appellate · 1 district ·
How this case has been cited
Cited by 33 later decisions — most recently October 1993 · most notably 172 F. Supp. 268 - Fansteel Metallurgical Corporation v. United States (1959), United States v. Kiefer (1955)
24 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on White v. United States · Wilber Nat Bank of Oneonta Ny v. United States · Pence v. United States · United States v. Zazove · Niewiadomski v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We think it equally plain that it cannot be justly held that an insured who has been asked clear and simple questions, upon the understanding that his answers may be accepted as true, without further inquiry, may avoid the consequences of having answered falsely by the claim, that the United States, by consulting the disability files could have found out that what he put forward as true was in fact false, and, therefore, may not complain that it was tricked into reinstating the certificate. “As this court has said, ‘It is elementary that one who is guilty of fraud cannot urge estoppel [or waiver] against the other party to the contract for the purpose of making his fraud effective’, New York Life Ins. Co. v. Odom, 5 Cir., 93 F.2d 641 , 644. Especially may he not do this here where it is not claimed that those responsible for reinstating the certificate actually knew that the answers given were false, but only that, if they had followed up the reference in Sec. 10 to the C-number of the disability application they would have found by inquiry that they were.””
2 later decisions quote this exact passage““The applicant for reinstatement for National Service Life Insurance during his lifetime and before becoming totally disabled must submit a written application signed by him and furnish evidence of health as required in 8.23 at the time of application satisfactory to the Administrator of Veterans Affairs and upon such forms as the Administrator shall prescribe or otherwise as he shall require. Applicant’s own statement of comparative health may be accepted as proof of insurability for the purpose of reinstatement under 8.23(a), but, whenever deemed necessary in any such case by the Administrator, report of physical examination may be required * * * ””
2 later decisions quote this exact passage““ * * * estoppel may not be applied against the United States when acting in its sovereign capacity in administering the National Service Life Insurance Program.””
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.