National Union v. Fitzpatrick
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Middle District of Alabama. This was an action by Eleanor Fitzpatrick against the National Union on a policy or benefit certificate for $5,000 issued on January 25, 1900, on the life of her husband, David Fitzpatrick, in which she, as his wife, was named beneficiary.
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In Error to the Circuit Court of the United States for the Middle District of Alabama. This was an action by Eleanor Fitzpatrick against the National Union on a policy or benefit certificate for $5,000 issued on January 25, 1900, on the life of her husband, David Fitzpatrick, in which she, as his wife, was named beneficiary. The defense was based upon a provision in the application for a policy or benefit certificate to the effect that no benefit should be paid if the applicant should, within two years after becoming a beneficial member, commit suicide. The issue thus made was submitted to a…
1Opinion of the CourtNewman, District Judge
Conceding that the question asked by the court of T. N. Vass, the father-in-law of the deceased, whether, “with the property and credit you had, could you have borrowed $259.62,” and the answer elicited, were irrelevant, and that the question should not have been asked, nor the answer permitted, it could not really have any material effect on the minds of the jury one waj' or the other. There can be little, if any, doubt, under the evidence, of Vass’ ability to have assisted Fitzpatrick in arranging satisfactorily the comparatively small amount of shortage to the Standard Oil Company, and…
2Cases cited4 opinions
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Pythias Knights' Supreme Lodge v. BeckSupreme Court of the United States · 1901
- Union Mut. Life Ins. v. PayneCourt of Appeals for the Fifth Circuit · 1900
- Fidelity & Casualty Co. of New York v. LoveCourt of Appeals for the Fifth Circuit · 1901
3Cited by11 opinions
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- ætna Life Ins. Co. v. TooleyCourt of Appeals for the Fifth Circuit · 1926
- American Indemnity Co. v. Sears, Roebuck & Co. Samuel Stamping & Enameling Co. v. Sears, Roebuck & CoCourt of Appeals for the Sixth Circuit · 1952
- Love v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1933
- Penn Mut. Life Ins. Co. v. SpauldingSupreme Court of Oklahoma · 1915
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