John Hancock Mutual Life Insurance Company, a Corporation v. Mary Troutfelt Cohen, Mary Troutfelt Cohen v. John Hancock Mutual Life Insurance Company, a Corporation

254 F.2d 417 JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation, Appellant, v. Mary Troutfelt COHEN, Appellee. Mary Troutfelt COHEN, Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation, Appellee. No. 15619. United States Court of Appeals Ninth Circuit. March 26, 1958. Henry C. Clausen, Richard G. Burns, Keesling & Keesling, William H. Keesling, San Francisco, Cal., for appellant. Brobeck, Phleger & Harrison, Moses Lasky, Richard Haas, San Francisco, Cal., for appellee. Before HEALY, LEMMON and BARNES, Circuit Judges. BARNES, Circuit Judge. 1 This is a suit between a citizen of New Mexico and a citizen of Massachusetts begun in the Superior Court of San Francisco and removed to the Federal Court pursuant to 28 U.S.C. §§ 1332 , 1441. Removal was proper. The District Court found a contract of insurance to exist, that defendant breached its contract, and awarded the full amount then due, and to become due, under the contract. The District Court refused to award damages for breach of an alleged warranty against having to employ any firm or persons to collect on the contract. Defendant insurance company appeals from the judgment awarding…