Herschkowitz v. Mutual Life Insurance

The plaintiffs have obtained a judgment upon a policy insuring the life of Benjamin Herschkowitz.

The defendant set up in its answer that Herschkowitz committed suicide.

The evidence in the case shows only that the deceased was found in his bedroom about six o’clock in the morning either dying or actually dead and that his death.was caused by asphyxiation from illuminating gas.

There is no testimony as to how the illuminating gas escaped nor as to any other surrounding circumstances which might tend to show any intent on the part of the deceased to take his life.

“ The law indulges in the…