Butler v. . Mutual Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 1, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the'opinion. Plaintiff must prove death and cannot recover merely upon a presumption of death.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 1, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the'opinion. Plaintiff must prove death and cannot recover merely upon a presumption of death. (Buffalo L., T. & S. D. Co. v. Knights Templar, 126 N. Y. 450; Knights Templar v. Crayton, 209 Ill. 550; Charter Oak Life Ins. Co. v. Rodel, 95 U. S. 232; N. Y. L. Ins. Co. v. U. L. Ins. Co., 88 N. Y. 428; Cunnius v. Reading School…
1Opinion of the CourtCollin, J.
The beneficiary in a policy of life insurance brought the action to recover the amount of the insurance. The policy, issued by the defendant, dated May 12,1905, insured Charles E. Butler.. The plaintiff offered no direct evidence of his death, relying on the presumption Of death arising from his absence, unheard of, during more than seven years. At the trial the defendant duly excepted to the denial of its request at the close of the' evidence that the complaint be dismissed. The jury, under the submission of the question whether or not the absence of the insured was caused by his death,…
2Cases cited3 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- In re the Judicial Settlement of the account WagenerAppellate Division of the Supreme Court of the State of New York · 1911
- Matter of Bd. of Education of New York.New York Court of Appeals · 1903
3Cited by37 opinions
- Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Donea v. Massachusetts Mutual Life Insurance Co.Supreme Court of Minnesota · 1945
- Cavanaugh v. ValentineNew York Supreme Court · 1943
- Hatfield v. United StatesCourt of Appeals for the Second Circuit · 1942
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