New York Life Ins. Co. v. Ross

DENISON, Circuit Judge.

I concur in thinking that the lower court was, and this court is, bound by the MeConkey Case, and hence that there was no error; but the peculiar character and effect of this “presumption of nonsuieide” perhaps justify further comment. Its origin seeins to be in early cases, which had occasion to and did decide (rightfully, of course) that there is no presumption of suicide, and which then assumed that therefore there is a presumption of nonsuieide — an obvious non sequitur. All authorities agree that in a death action upon an accident policy, and where suicide is not…