Kietzmann v. Northwestern Mutual Life Insurance

Two questions were litigated in this action: (1) Whether insured is dead. The determination of this question involved application of the presumption of death after seven years’ absence under the conditions required by that presumption; (2) the -time of insured’s death. In order for the policy to have any value insured must have died prior to April 29, 1933. Upon this issue, the sole question is whether the evidence supports the jury’s finding that insured died prior to April 29, 1933, since the above presumption does not operate to establish prima facie the time of death within the seven-year…