Mutual Benefit Life Insurance v. Tisdale
Supreme Court of the United States
Error to the Gircuit Court of the United States for the District of Iowa. This action was brought, in December, 1867, by Mrs. Tisdale, upon a policy of insurance, bearing date March 1, 1866, issued to her upon the life of Edgar Tisdale, her husband. Evidence was given tending to show his death on the 24th of September, 1866. This evidence consisted chiefly in his sudden and mysterious disappearance under circumstances making probable his death by violence.
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Error to the Gircuit Court of the United States for the District of Iowa. This action was brought, in December, 1867, by Mrs. Tisdale, upon a policy of insurance, bearing date March 1, 1866, issued to her upon the life of Edgar Tisdale, her husband. Evidence was given tending to show his death on the 24th of September, 1866. This evidence consisted chiefly in his sudden and mysterious disappearance under circumstances making probable his death by violence. It seems from the charge of the court that evidence was given by the defendant tending to show that he had been seen alive some months…
1Opinion of the CourtJustice Hunt
In an action brought, not as administrator, but in an individual character, to recover an individual debt, where' the right of action depends upon the death of a third party, —to wit, an' insurance upon his life, — do letters of administration upon the estate-of such party, issued by the proper Probate Court, afford' legal evidence of his death ? This is -the question we are called upon to decide. It is presented sharply,- and. is the only question in the case.
The authority in favor of the admission of the..letters;as evidence of the death of the party, in a suit between' strangers, is a…
2Cases cited10 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Colton v. RossNew York Court of Chancery · 1831
- Tallman v. . WhiteNew York Court of Appeals · 1848
- Vanderpoel v. . Van ValkenburghNew York Court of Appeals · 1852
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3Cited by64 opinions
- Scott v. McNealSupreme Court of the United States · 1894
- Tilt v. KelseySupreme Court of the United States · 1907
- Humes v. ScruggsSupreme Court of the United States · 1877
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- McCamant v. RobertsTexas Supreme Court · 1886
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