Life Insurance v. Francisco
Supreme Court of the United States
Error to the Circuit Court for the District of California; the case being thus: Dolores Francisco sued the-Manhattan Life Insurance Company upon a contract of insurance, made February 5th, 1867, upon the life of her husband. The husband died twenty-four days afterwards; that is to say on the'1st of March; 1867, and before the policy actually issued.
Read the full summary
Error to the Circuit Court for the District of California; the case being thus: Dolores Francisco sued the-Manhattan Life Insurance Company upon a contract of insurance, made February 5th, 1867, upon the life of her husband. The husband died twenty-four days afterwards; that is to say on the'1st of March; 1867, and before the policy actually issued. There were two conditions in thp policy, which would have been issued bad Francisco lived-: 1st. That if any representation made by the assured in the application for the policy should prove to have been untrue, the policy should be void. - 2d.…
1Opinion of the CourtJustice Strong
The evidence that preliminary proof of the death of Francisco and of the justice of the claim of the assured were given to the defendants ninety days before the suit was brought was quite sufficient to go to the jury. The proofs were in forms, blanks for which had been furnished by the insurers, and the forms were, filled up in the presence of their agent. He received them without objection, ánd it does not appear that at any time before the trial of the case it was ever suggested to the assured that the proofs were' insufficient, either in form or in substance. Clearly, therefore, it was not…
2Cited by28 opinions
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- United States v. Kevin E. WatsonCourt of Appeals for the D.C. Circuit · 1990
23 more not listed; retrieve them via the Exa API.