United States v. Madigan, 300 U.S. 500 (1937)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Madigan, 300 U.S. 500 (1937)
United States v. Madigan No. 562 Argued March 10, 1937 Decided March 29, 1937 300 U.S. 500
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. The provisions of § 305 of the World War Veterans’ Act, as amended, whereby a policy which has lapsed while the insured was suffering from a compensable disability for which compensation was not collected may be revived and matured pro tanto if the insured has become permanently disabled, by applying the uncollected compensation as premiums, do not extend to an earlier policy which was converted into the one that lapsed. P. 502.
2. In the congressional legislation dealing with the subject, Veterans’ insurance changed from one form to another is termed "converted." P. 503.
3. Neither the words nor the legislative history of § 305 of the Act suggest that the phrase "cancelled or reduced insurance" was intended to include insurance elsewhere described in the Act as "converted," at least where the conversion was not accompanied by a reduction of the policy. P. 505.
4. The holder of a converted policy is not "entitled" to total disability benefits under the original policy, within the meaning of § 307 of the Act, as amended in 1930, where the total disability did not occur until after the conversion. P. 506.
5. Section 307 does not, either by its terms or by reasonable implication, extend the privileges of § 305 to converted insurance. Its legislative history does not disclose any purpose to amend or to depart from the policy of § 305. P. 506.
6. A construction of a new section added to an existing statute, as by implication modifying a settled construction of an earlier section, is not favored. P. 506.
85 F.2d 609 reversed.
Certiorari, 299 U.S. 538, to review a judgment affirming a recovery of total disability benefits in a suit on a contract of war risk term insurance.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Madigan, 300 U.S. 500 (1937) in 300 U.S. 500 300 U.S. 501. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=YI42AWUD8UZWW2P.
MLA: U.S. Supreme Court. "Syllabus." United States v. Madigan, 300 U.S. 500 (1937), in 300 U.S. 500, page 300 U.S. 501. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YI42AWUD8UZWW2P.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Madigan, 300 U.S. 500 (1937). cited in 1937, 300 U.S. 500, pp.300 U.S. 501. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=YI42AWUD8UZWW2P.
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