John Hancock Mutual Life Insurance v. Moore

Campbell, J:

The suit below was on a life policy in favor of William Todd, who was claimed to be dead, but whose death was sought to be proved by his disappearance, aided by circumstantial testimony.

The defense relied on was, first, that he was not shown to be dead, and second, that if dead he died by his own act. The policy contained this clause: “3. That in case the person whose life is hereby insured shall die by his own hand,” &c., &c., &c., “this policy shall be void, and the company shall not be liable for the loss.”

An error is alleged on the reception in evidence of the' letters of…