Weiss v. John Hancock Mutual Life Insurance

The “Certificate of Attending Physician” was a part of the proofs of loss required from plaintiff as the beneficiary of the policy. It was furnished by plaintiff. Any statement therein contained, by whomsoever made, against the interest of plaintiff is competent as an admission against interest. Therefore the document in question was competent evidence.

The next question is whether it was ruled upon at the trial — - whether as evidence it is in or out of the case. No other evidence by defendant was admitted to prove its defense. Therefore when in his finding's the trial judge said “that no…