Franklin Life Ins. v. Heitchew

SIBLEY, Circuit Judge.

This appeal searches the effect of the so-called presumption against suicide when the judge acts on a motion for an instructed verdict; and what he should tell the jury about it when he submits the case to them for decision.

The suit is upon a policy of life insurance promising to pay $2,500 at death, but containing an exception if death should occur within one year by self-destruction, whether sane or insane. Death occurred about ten months after the date of the policy, and the insurer pleaded this exception as its defense. Statutory damages and attorney’s fees were…