Mutual Life Ins. Co. of New York v. Blodgett

PARKER, Circuit Judge.

This is an appeal from a judgment for plaintiff on a policy of insurance issued by the defendant company on the life of one Clifford N. Blodgett of Morgantown, West Virginia. Recovery was sought by his wife, the beneficiary under the policy, on the ground that he had been absent from home without having been heard of for more than seven years and was therefore presumed to be dead. Defendant contended that the circumstances surrounding insured’s disappearance were such that the conclusion of death should not be drawn from his absence and the failure of his family to hear…