Life Insurance v. Terry
Supreme Court of the United States
Error to the Circuit Court for the District of Kansas. Mary Terry brought an action in the court below against the Mutual Life Insurance Company of New York, to recover the sum of $2000, claimed by her as due upon a policy of insuranee on the life of her husband George Terry, made and issued to her as his wife.
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Error to the Circuit Court for the District of Kansas. Mary Terry brought an action in the court below against the Mutual Life Insurance Company of New York, to recover the sum of $2000, claimed by her as due upon a policy of insuranee on the life of her husband George Terry, made and issued to her as his wife. The policy contained a condition, of which a portion was in these words: “ If the said person, whose life is hereby insured, . . . shall die by his own hand, . . . this policy shall be null and void.” Within the term of the policy, George Terry died from the effects of poison taken by…
1Opinion of the CourtJustice Hunt
The request for instructions made by the counsel of the insurance company, proceeds upon the theory that if the deceased had sufficient mental capacity to understand the nature and consequences of his act, that is, that he was about to take poison, and that his death would be the result, he was responsible for his conduct, and the defendant is not liable; and the fact that his sense of moral responsibility was impaired by insanity, does not affect the ease.
The charge proceeds upon the theory that a higher degree of mental and moral power must exist; that although the deceased had the capacity…
2Cases cited2 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- St. Louis Mutual Life Insurance v. GravesCourt of Appeals of Kentucky · 1869
3Cited by93 opinions
- Ruvolo v. American Casualty Co.Supreme Court of New Jersey · 1963
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Curtis Reinking Carol Reinking v. Philadelphia American Life Insurance Company, and Tennessee Gas Pipeline Company Ich Corporation, Curtis Reinking Carol Reinking v. Philadelphia American Life Insurance Company, and Tennessee Gas Pipeline Company Ich Corporation, Curtis Reinking Carol Reinking v. Philadelphia American Life Insurance Company, and Tennessee Gas Pipeline CompanyCourt of Appeals for the Fourth Circuit · 1990
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanSupreme Court of the United States · 1902
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