Hartford Life & Annuity Insurance v. Gray
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John G. ¡Rogers, Judge, presiding.
1Opinion of the CourtJustice Scholfield
The question first to be considered is, was secondary evidence the application for the policy properly received ? for, if it was not, the ground of defense entirely fails.
It was witnessed by “ Capt. B. Wheeler,” and it is insisted by appellees that its execution must be proved by him.
It has been held by this court that it is not necessary to produce the subscribing witness to testify to the execution of the instrument, when he is beyond the reach of the process of the court. Wiley et al. v. Bean et al. 1 Gilm. 302; Newsom v. Luster, 13 Ill. 175; Miller v. Metzger, 16 id. 390. And the same…
2Cases cited4 opinions
- Jackson ex dem. Lansing v. ChamberlainNew York Supreme Court · 1832
- Jackson ex dem. Bond v. RootNew York Supreme Court · 1820
- Robertson v. DodgeIllinois Supreme Court · 1862
- Newsom v. LusterIllinois Supreme Court · 1851
3Cited by17 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- Aetna Life Insurance v. McCullaghCourt of Appeals of Kentucky · 1919
- State Ins. v. JordanNebraska Supreme Court · 1890
- Gardner v. Continental Ins.Court of Appeals of Kentucky · 1907
- New York Life Ins. v. RussellCourt of Appeals for the Eighth Circuit · 1896
12 more not listed; retrieve them via the Exa API.