Life Insurance v. Hairston
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Roanoke in an action of assumpsit. Judgment for the plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of the city of Roanoke in an action of assumpsit. Judgment for the plaintiff. Defendant assigns error. (Instructions given on motion of the plaintiffs.) “(1.) The court instructs the jury, that although you may believe from the evidence that the deceased was found the evening of his death, having convulsions, and that he continued to have them until he died, and that strychnine was found in his stomach, this alone is not sufficient to prove suicide. The defendant company must go further and show that the deceased intentionally and willfully for the…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
S. W. Hairston, as the next friend of certain infants, recovered a judgment against the Life Insurance Company of Virginia in the Circuit Court of the city of Roanoke; and upon the petition of the defendant company the record is now before us to review certain rulings of the trial court.
On the 6th of February, 1906, the company issued a policy of insurance upon the life of David Peter Willis, the father of the infant plaintiffs, in consideration' of the application for said policy, which is made a part thereof, and upon condition that the quarterly…
2Cases cited5 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Tate v. Tate'sSupreme Court of Virginia · 1881
- Virginia Fire & Marine Insurance v. HogueSupreme Court of Virginia · 1906
- Cosmopolitan Life Insurance Co. v. KoegelSupreme Court of Virginia · 1905
- Kimbro v. New York Life InsuranceSupreme Court of Iowa · 1906
3Cited by25 opinions
- United States v. VerdiUnited States Court of Military Appeals · 1978
- Amarillo Nat. Life Ins. Co. v. BrownCourt of Appeals of Texas · 1914
- Schwartz v. Northern Life Ins. Co.Court of Appeals for the Ninth Circuit · 1928
- State v. SixoWest Virginia Supreme Court · 1915
- Homestead Fire Insurance v. IsonSupreme Court of Virginia · 1909
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