Messersmith v. Supreme Lodge
North Dakota Supreme Court
Appeal from the District Court, Stark County, Crawford, J. The proofs of loss are competent evidence against the party furnishing them, of the cause or extent of a loss, or the cause of death of an insured person, or of any other material fact therein recited; and ordinarily the rule extends to certificates and affidavits of physicians and others, and verdicts of coroners’ juries. 7 Ene. Ev. 594; Dennis v. ■ Union. Mirt. L. Ins.
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Appeal from the District Court, Stark County, Crawford, J. The proofs of loss are competent evidence against the party furnishing them, of the cause or extent of a loss, or the cause of death of an insured person, or of any other material fact therein recited; and ordinarily the rule extends to certificates and affidavits of physicians and others, and verdicts of coroners’ juries. 7 Ene. Ev. 594; Dennis v. ■ Union. Mirt. L. Ins. Co. 84 Cal. 570, 24 Pac. 120; Nelson v. Nederland L. Ins. Co. 110 Iowa, 600, 81 N. W. 807; 7 Ene. U. .S„ Sup. Ot. Rep. 193; Mutual Ben. L. Ins. Co. v. Newton, 22…
1Opinion of the Court
Burke, ' J.
This is an action upon a life insurance policy. The defense is: that the insured suicided. Plaintiff had judgment. Defendant appeals. The errors claimed relate to the admission of testimony relative to. deceased’s family and business affairs, and to the refusal of 1;he' trial court to direct a verdict for defendant. The beneficiary, the wife of the insured, submitted written proofs, in which the cause of. death was given as “gunshot wound, self-inflicted.” Dpon the trial, said beneficiary was a witness, and denied that she knew said answer was in the proofs of death at the time her…
2Cases cited12 opinions
- Knights Templars & Masons Life Indemnity Co. v. CraytonIllinois Supreme Court · 1904
- Standard Life & Accident Ins. v. ThorntonCourt of Appeals for the Sixth Circuit · 1900
- Cox v. Royal TribeOregon Supreme Court · 1903
- Mutual Benefit Life Ins. v. Daviess' Ex'rCourt of Appeals of Kentucky · 1888
- Paulsen v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1911
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3Cited by4 opinions
- New York Life Ins. v. MasonCourt of Appeals for the Ninth Circuit · 1921
- Mutual Life Ins. Co. of N.Y. v. RaymondSupreme Court of Arkansas · 1928
- Scott v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1938
- Fekjar v. Iowa State Live Stock InsuranceNorth Dakota Supreme Court · 1920