Legal Opinion

Kelsey v. Universal Life Insurance

Supreme Court of Connecticut

Decided September 15, 1868PublishedCited by 23 opinions

Assumpsit on a policy of insurance on the life of Lucy Kelsey, the wife of the plaintiff, for his benefit, brought to the Superior Court in Hartford county, and tried to the jury on the general issue, with notice of fraud in procuring the policy, before Sanford, J. The policy was for $5,000, and was dated November 28d, 1865. The material parts of the application, which was signed by the wife, and was dated November 22d, 1865, were as fol lows:— “ Question 11. Have you ever…

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Assumpsit on a policy of insurance on the life of Lucy Kelsey, the wife of the plaintiff, for his benefit, brought to the Superior Court in Hartford county, and tried to the jury on the general issue, with notice of fraud in procuring the policy, before Sanford, J. The policy was for $5,000, and was dated November 28d, 1865. The material parts of the application, which was signed by the wife, and was dated November 22d, 1865, were as fol lows:— “ Question 11. Have you ever had any of the following diseases ? If so, state particulars of their character and duration. Bronchitis, Consumption,…

1Opinion of the CourtHinman, C. J.

The plaintiff complains of the ruling of the Superior Court in respect to the admission of evidence, and also of the charge of the court to the jury. He claimed to recover on a policy of insurance on the life of his first wife, and being himself an important witness in his own favor, he was on cross-examination asked how nearly he could tell the *234date of his second marriage. To this question his counsel objected, on the ground of its irrelevancy, and because the answer might prejudice the plaintiff and his case in the estimation of the jury. But the court permitted the question to he put, in…

2Cases cited3 opinions

  1. Lawrence v. BarkerNew York Supreme Court · 1830
  2. Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
  3. Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851

3Cited by23 opinions

  1. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  2. Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
  3. Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
  4. Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
  5. Chrisman v. State InsuranceOregon Supreme Court · 1888

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