Ewing v. Metropolitan Life Insurance

In reversing the judgment of the civil court the circuit court said:

“I cannot reach the conclusion which the trial court did that the absence of Mrs. Ewing is unexplained. Her age is such that she might very well be alive. She left because conditions at home were unsatisfactory. She has not corresponded with her husband because she informed him when she left he never would hear from her again. Some other evidence must be produced before the plaintiff can prevail.”

We think the circuit court missed the gist of the basis for the presúmption of death that "obtains in case a person is absent for…