Hale v. Life Indemnity & Investment Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Hennepin county. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for $10,490. In cases of alleged suicide, a presumption as to the cause of death is to be indulged in only where a person is found dead, without more. In such case the presumption is that death was natural or accidental. Germain v. Brooklyn Life Ins. Co., 26 Hun, 604; Guardian Ins.
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Appeal by defendant from a judgment of the district court for Hennepin county. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for $10,490. In cases of alleged suicide, a presumption as to the cause of death is to be indulged in only where a person is found dead, without more. In such case the presumption is that death was natural or accidental. Germain v. Brooklyn Life Ins. Co., 26 Hun, 604; Guardian Ins. Co. v. Hogan, 80 III. 35; Mutual Benefit Life Ins. Co. v. Daviess, 87 Ky. 541, 9 S. W. 812; Shank v. United Brethren Soc., 84 Pa. St. 385;…
1Opinion of the CourtBuck, J.
This action is brought upon a life insurance policy issued by the defendant to James B. Rouse, and in which the plaintiff claimed an interest. The policy contained this warranty on the part of the insured, viz.: “I warrant and agree that I will not die by my own voluntary act during the said period of two years.” One defense was that the insured did, within said period, die by his own voluntary act, by taking internally sufficient morphine to cause his death, with intent so to do. The policy was issued to Rouse on September 7, 1892, and he died November 25, 1893. He was 32 years of age at the…
2Cited by10 opinions
- Stephenson v. Bankers Life Ass'n of Des MoinesSupreme Court of Iowa · 1899
- Lindahl v. Supreme Court I. O. F.Supreme Court of Minnesota · 1907
- O'Connor v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1910
- Hale v. Life Indemnity & Investment Co.Supreme Court of Minnesota · 1896
- State ex rel. Oliver Iron Mining Co. v. District CourtSupreme Court of Minnesota · 1917
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