Legal Opinion

Tisdale v. Connecticut Mutual Life Insurance

Supreme Court of Iowa

Decided December 12, 1868PublishedCited by 87 opinions

Appeal from Dubuque District Court. Action on a policy of insurance upon tlie life of Edgar Tisdale, husband of plaintiff. There was evidence at the trial tending to prove that the party upon whose life the policy was issued was a young man of exemplary habits, excellent character, of fair business prospects, respectably connected, and of the most happy domestic relations.

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Appeal from Dubuque District Court. Action on a policy of insurance upon tlie life of Edgar Tisdale, husband of plaintiff. There was evidence at the trial tending to prove that the party upon whose life the policy was issued was a young man of exemplary habits, excellent character, of fair business prospects, respectably connected, and of the most happy domestic relations. He had the fullest confidence of his friends and the entire affection of his wife, and was living in apparent happiness, with no cause of discontent with his condition, which would have influenced him to break the domestic…

1Opinion of the CourtBeck, J.

1. Death: presumption of from absence. — The questions for our determination in this case relate to the correctness of the instructions given by the court to the jury. The first instruction announces the rule that the death of an absent person cannot be presumed, except upon evidence of facts showing his exposure to danger, which probably resulted in death, before the expiration of seven years from the date of the last intelligence from him; and that evidence of long absence without communicating with his friends, of character and habits, making the abandonment of home and family improbable,…

2Cited by87 opinions

  1. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  2. Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
  3. Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
  4. Leach v. HallSupreme Court of Iowa · 1895
  5. Hancock v. American Life InsuranceSupreme Court of Missouri · 1876

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