Allen v. Travelers Protective Ass'n of America
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action upon a certificate of accident insurance issued by the defendant upon the life of John T. Carmody in favor of his wife, Mary E. Carmody, as beneficiary. The action is brought by a trustee for the beneficiary. For the purpose of our discussion, the beneficiary will be referred to as the plaintiff.
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Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action upon a certificate of accident insurance issued by the defendant upon the life of John T. Carmody in favor of his wife, Mary E. Carmody, as beneficiary. The action is brought by a trustee for the beneficiary. For the purpose of our discussion, the beneficiary will be referred to as the plaintiff. There was a trial to a jury and a verdict and judgment for the plaintiff for the amount of the certificate, with interest. The defendant appeals.
1DissentDbemer, J.
(dissenting). — So much depends.upon the facts disclosed by the record with reference to the manner of Carmody’s death that I here reproduce the uncontradicted and undisputed testimony with reference thereto. Testimony was adduced without objection as to declarations made by *231deceased just after the shooting. This came from several witnesses, and there is no substantial difference between them as to what was said. This testimony was part of the res gestee and was admissible as substantive testimony. One witness gave the following testimony as to what Carmody said:
Q. Did you have any…
2Cases cited30 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Insurance Co. v. BennettTennessee Supreme Court · 1891
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