Heagany v. National Union
Michigan Supreme Court
Error to Saginaw; Snow, J. Assumpsit by William M. Heagany against the National Union on a policy of insurance. There was judgment for plaintiff, and defendant brings error.
1Opinion of the CourtOstrander, J.
The rule stated below seems to be substantially the rule of the text-writers upon the subject of principal controversy in this case:
“ Where the issue is upon the life or death of a person, once shown to have been living, the burden of proof lies upon the party who asserts the death. But after the lapse of seven years, without intelligence concerning the person, the presumption of life ceases, and the burden of proof is devolved on the other party.” 1 Greenleaf on Evidence (15th Ed.), § 41.
See, also, Stephen’s Digest of the Law of Evidence (Mich. Ed. 1903), p. 484; 1 Woerner on American Law of…
2Cases cited4 opinions
- Policemen's Benevolent Ass'n v. RyceIllinois Supreme Court · 1904
- Bailey v. BaileyMichigan Supreme Court · 1877
- People v. EatonMichigan Supreme Court · 1886
- Wentworth v. WentworthSupreme Judicial Court of Maine · 1880
3Cited by3 opinions
- Samberg v. Knights of the Modern MaccabeesMichigan Supreme Court · 1909
- Olson v. Modern Woodmen of AmericaSupreme Court of Iowa · 1917
- Frankowich v. FrankowichMichigan Supreme Court · 1949