Fuller v. New York Life Ins.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Western District of .Pennsylvania; Charles P. Orr, Judge. Action at law by Roberta I. Fuller against the New York Life Insurance Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
The beneficiary in a life insurance policy brought this action, but offered no direct evidence of death, relying on. the presumption arising from the insured’s absence, unheard of, during more than seven years.
[1] In discussing the presumption of death from an unexplained absence during seven years, Prof. Thayer, in his Preliminary Treatise on Evidence (page 319 et seq.), shows clearly that it is, and always has been, a rule of reasoning. Early'in its development the jury were advised to follow it, because it probably accorded with the fact. Later, as experience…
2Cases cited1 opinion
- Pittsburgh Ry. Co. v. BloomerCourt of Appeals for the Third Circuit · 1906
3Cited by19 opinions
- Potter v. Prudential InsuranceSupreme Court of Connecticut · 1928
- New York Life Insurance v. HolckSupreme Court of Colorado · 1915
- Penn Mut. Life Ins. v. TiltonCourt of Appeals for the Tenth Circuit · 1936
- Lichtenhan v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1915
- Wiggins v. New York Life Ins. Co.District Court, E.D. Kentucky · 1932
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