Phillips v. United States Benevolent Society
Michigan Supreme Court
Error to Shiawassee; Smith, J. Assumpsit by Richard Phillips against the United States Benevolent Society of Saginaw on a policy of accident insurance. From a judgment for plaintiff, defendant brings error. Defendant is a mutual benefit association, organized under the laws of this State, insuring its members against disability from' sickness or accident, and from death occasioned by accident. October 23, 1896, plaintiff presented an application for membership.
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Error to Shiawassee; Smith, J. Assumpsit by Richard Phillips against the United States Benevolent Society of Saginaw on a policy of accident insurance. From a judgment for plaintiff, defendant brings error. Defendant is a mutual benefit association, organized under the laws of this State, insuring its members against disability from' sickness or accident, and from death occasioned by accident. October 23, 1896, plaintiff presented an application for membership. Among the questions required to be answered by this application, and here material, was this: “Are you now insured in any other…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. In his opening statement to the jury, counsel for plaintiff said: “I am not going to produce Dr. Le Seure, because we do not feel able to produce him.” We see no objection to this statement. It was competent for the plaintiff to show that he could not produce a material witness, and to show the reason therefor.
*146Upon the trial plaintiff’s counsel stated to the court, in the presence of the jury: ‘ ‘ Something has been said about getting Dr. Le Seure here. I have his diagnosis, which I will offer in evidence, if my brothers don’t object to it.” Of course, the…
2Cases cited7 opinions
- Scripps v. ReillyMichigan Supreme Court · 1878
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Steketee v. KimmMichigan Supreme Court · 1882
- Britton v. Michigan Central RailroadMichigan Supreme Court · 1898
- Manhattan Insurance v. Stein & ZangCourt of Appeals of Kentucky · 1869
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3Cited by32 opinions
- Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Jefferson Realty Co. v. Employers' Liability Assurance Corp.Court of Appeals of Kentucky · 1912
- Dulany v. Fidelity & Casualty Co.Court of Appeals of Maryland · 1907
- Indiana Life Endowment Co. v. ReedIndiana Supreme Court · 1913
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
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