Insurance Co. v. Newton
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Missouri. Mrs. Newton, widow of J. H. Newton, brought suit in the court below, against the Mutual Life Insurance Company, of Newark, New Jersey, upon two. policies of insurance on' the life of her husband, issued by the company’s agent at St. Louis.
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Error to the Circuit Court for the Eastern District of Missouri. Mrs. Newton, widow of J. H. Newton, brought suit in the court below, against the Mutual Life Insurance Company, of Newark, New Jersey, upon two. policies of insurance on' the life of her husband, issued by the company’s agent at St. Louis. The policies stipulated for the payment of the insurance-money within ninety days after due notice and proof of the death of the party insured, but they provided also that the policies should be void if the insured should die by his own hand. In answer to the action, the company averred that…
1Opinion of the CourtJustice Field
The court below allowed the statement of the company and its agent to the witness as to the sufficiency of the proofs of death of the insured to be received as conclusive of that fact, but by its charge to the jury in effect separated the admission of that fact from its accompanying language, that the proofs disclosed a case of suicide, and held that this latter statement was of an independent fact to be established by the company. In this particular we think the court erred. Every admission is to be taken as an entirety of the fact which makes for the one side, with the qualifications which…
2Cited by104 opinions
- Mar Shee v. Maryland Assurance Corp.California Supreme Court · 1922
- New York Life Ins. Co. v. TaylorCourt of Appeals for the D.C. Circuit · 1945
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
- Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
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