Hancock v. American Life Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. There is no presumption in law that Henry C. Morris died prior to June 8th, 1861, having been last seen March 1, 1861. (2 Grreenl. Ev. [Redf. Ed.] § 278.) II. The burden of proving that be died before June 8, 1861, was upon the plaintiff.
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Appeal from St. Louis Circuit Court. I. There is no presumption in law that Henry C. Morris died prior to June 8th, 1861, having been last seen March 1, 1861. (2 Grreenl. Ev. [Redf. Ed.] § 278.) II. The burden of proving that be died before June 8, 1861, was upon the plaintiff. There is no evidence in the record of his death prior to that time. {In re Bentham’s Trust, L. R. 4 Eq., 415 ; Newman vs. Jenkins, 10 Pick., 519 ; Spencer vs. Roper, 13 Ired., 333 ; Smith vs. Kn owl ton, 11 N. H., 197; Robinson vs. Sweet, 26 Me., 378.) III. There is positive evidence of his having been seen since June…
1Opinion of the CourtWagner, Judge
Plaintiff in his petition alleged that he was administrator of Ilenry C. Morris, deceased, and that defendant,by its policy dated June 8th, 1860, in consideration of— dollars, paid and secured to be paid by deceased, assured his life in the sum of $5000 for the term of hit natural life, and promised and agreed well and truly to pay, or cause to be paid, said sum of money, to the heirs, executors, administrators and assigns of the said Morris, withi n sixty days after due notice and satisfactory proof of his death; that said Morris died suddenly in New York city on or about March 1st, 1861,…
2Cases cited4 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Eagle's CaseNew York Surrogate's Court · 1856
- Burr v. SimSupreme Court of Pennsylvania · 1839
- Thomas v. BoydIndiana Supreme Court · 1859
3Cited by40 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. LoomisIllinois Supreme Court · 1892
- Northwestern Mut. Life Ins. v. StevensCourt of Appeals for the Eighth Circuit · 1895
- Gero v. John Hancock Mutual Life InsuranceSupreme Court of Vermont · 1941
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