Behr v. Connecticut Mut. Life Ins.
United States Circuit Court
Motion for New Trial. The plaintiff having sued the defendent company on a policy of life insurance, and procured a verdict and judgment for $2,881, the defendant moved for a new trial.
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Motion for New Trial. The plaintiff having sued the defendent company on a policy of life insurance, and procured a verdict and judgment for $2,881, the defendant moved for a new trial. The defence was that at the time the policy issued the life assured, contrary to the warranty in the policy and application, was addicted to the use of spirituous liquors; that after it issued he acquired the habit of intemperance so as to impair bis health or produce delirium tremens, and that he committed suicide by drowning. Prior to the death of her husband the plaintiff filed in the proper state court a…
1Opinion of the Court
Hammond, D. J.
The errors assigned on this motion are that the idea of estoppel was carefully excluded from the jury; that the conclusiveness of the sworn statement was made to depend wholly upon whether or not the plaintiff had been guilty of the offence of wilful and deliberate false swearing, and the court refused to explain, as asked by the instruction, what is meant by “inconsiderately” and “by mistake” making a false statement. It seems to me that so much of the instruction as sought to explain the meaning of the words “deliberately,” “inadvertently,” and “by mistake” is asking the'…
2Cases cited7 opinions
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Lucas v. BrooksSupreme Court of the United States · 1873
- William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
- New Jersey Mutual Life Insurance v. BakerSupreme Court of the United States · 1877
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3Cited by7 opinions
- Valentine v. United States Ex Rel. NeideckerSupreme Court of the United States · 1936
- Fraser v. United StatesCourt of Appeals for the Sixth Circuit · 1944
- Krajewski v. Western & Southern Life InsuranceMichigan Supreme Court · 1928
- Helfer v. Mutual Benefit Health & Accident Ass'nTennessee Supreme Court · 1936
- United States v. Certain Land and Interests in PropertyDistrict Court, M.D. Tennessee · 1964
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