61 F.2d 444 | 5th Cir. | 1932
In this case the record is not as complete and satisfactory as it might be. However, the following material facts are shown without dispute: Willie Ramsey enlisted in the Army and obtained a policy of war risk insurance in the sum of $10,000 from the Unit
At the close of the evidence, the case was submitted to the jury, apparently on a spe-' eial issue, but this is not quite dear. At any; rate, a verdict was rendered by thq jury holding that the United States was liable to Charlotte Ramsey as the common-law wife of Willie Ramsey. On this! verdict a judgment was entered in favor of Charlotte Ramsey against the United States for certain overdue and unpaid monthly installments and for the balance of the installments as they would become due. This appeal followed. Error is assigned to the exclusion of the transcript of the proceedings in the state court and to the admission of other evidence on behalf of the United States tending to show that Charlotte Ramsey was in fact the common-law wife of the soldier.
It is contended by appellant that this suit is in the nature of a bill of interpleader filed by the United States; that the United States is a mere stakeholder, without any interest in the outcome of the suit; that the judgment in the state court holding that Charlotte Ramsey was not the common-law wife of Willie Ramsey was a judgment in rein binding upon all the world; and that the plea of res adjudicata should have been sustained as to the government.
The government might have filed a bill of interpleader, under the provisions of the statntq above cited, but did not do so. The suit brought by appellant was a direct action against the United States to establish liability on the part of the government as to him. It is an elementary principle of res adjudi-cata that, in order to work an estoppel, the judgment relied upon must be rendered in a suit between the same parties or their privies. The United States was not a party to the suit in the state court and not interested in its outcome. The United States has a real and substantial interest, beyond that of a mere stakeholder, to in good faith protect the beneficiary named in a policy of war risk insurance and' to make payment according to the contract. The government was not bound by the judgment in the state court. Privett v. U. S., 256 U. S. 201, 41 S. Ct. 455, 65 L. Ed. 889.
• Other errors are assigned, but they are inconsequential, and require no discussion.
The record presents no reversible error.
Affirmed.