Legal Opinion

Hathaway's Administrator v. National Life Insurance

Supreme Court of Vermont

Decided January 15, 1875PublishedCited by 33 opinions

Assumpsit on a policy of insurance issued by defendant, insuring the life of George 0. Hathaway for his own benefit. There was a proviso in said policy that it should “ be void and of no effect” if said Hathaway “shall die by suicide.”

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Assumpsit on a policy of insurance issued by defendant, insuring the life of George 0. Hathaway for his own benefit. There was a proviso in said policy that it should “ be void and of no effect” if said Hathaway “shall die by suicide.” The defendant pleaded the general issue, with notice that said Hathaway “died by suicide that he voluntarily and willfully took his own life by intentionally shooting himself through the body with a pistol, for the purpose of destroying his life. It was conceded that said Hathaway died on June 1st, 1871, from a pistol wound inflicted by himself in the city of…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, Ch. J.

The first question presented by the exceptions is as to the admissibility of the 'declarations of Hathaway (the deceased), made to Dr. Pond during a professional consultation as to the health of the deceased, had some two or three *350weeks prior to his death. It appears that no part of the testimony given by Dr. Pond was objected to except such declarations. The doctor testified that the difficulty under which the deceased was suffering, was of a nervous character, and that during that consultation the deceased told him “ that at times he…

2Cases cited8 opinions

  1. Life Insurance v. TerrySupreme Court of the United States · 1873
  2. State v. HowardSupreme Court of Vermont · 1859
  3. Kent v. Town of LincolnSupreme Court of Vermont · 1860
  4. Fairchild v. BascombSupreme Court of Vermont · 1862
  5. Morse v. CrawfordSupreme Court of Vermont · 1845

3 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
  2. State v. GoyetSupreme Court of Vermont · 1957
  3. Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
  4. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  5. Marsigli's Estate v. Granite City Auto Sales, Inc.Supreme Court of Vermont · 1964

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