Schofield's Admx. v. Metropolitan Life Insurance
Supreme Court of Vermont
Assumpsit on a policy of life insurance. Plea, the general issue and notice. Trial by jury at the September Term, 1905, Washington County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The court’s instruction on the question of illness referred to in the third exception, was as follows; “A mere temporary indisposition, not serious in its nature, is not an illness within the meaning- of this inquiry.
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Assumpsit on a policy of life insurance. Plea, the general issue and notice. Trial by jury at the September Term, 1905, Washington County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The court’s instruction on the question of illness referred to in the third exception, was as follows; “A mere temporary indisposition, not serious in its nature, is not an illness within the meaning- of this inquiry. Illness as here used means a disease or ailment of such a character as to affect the general soundness and healthfulness of the system seriously, and not a…
1Opinion of the CourtMiLes, J.
Three questions are raised in this case, viz.: first, did the court below err in refusing to direct a verdict for the defendant; second, was it error for the court to deny the *165request of counsel for the defendant, for “leave to argue to the jury that California and Colorado were places where consumptives go,” and third, was the charge of the court respecting what constituted illness, error ?
A motion to set aside the verdict was made by the defendant, and a large number of requests to charge were attached to the bill of exceptions, but they did not show that there was any exception taken to a…
2Cases cited2 opinions
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- Powers v. North Eastern Mutual Life Ass'nSupreme Court of Vermont · 1878
3Cited by20 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Ste. Marie v. WellsSupreme Court of Vermont · 1919
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
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