Donahue v. Mutual Life Insurance
North Dakota Supreme Court
Appeal from tbe District Court of Williams County, Frank F. Fisk, Judge. A preponderance of the evidence means that which satisfies the ■conscience and carries conviction to an intelligent mind.
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Appeal from tbe District Court of Williams County, Frank F. Fisk, Judge. A preponderance of the evidence means that which satisfies the ■conscience and carries conviction to an intelligent mind. Foulke v. Tahlmessinger, 8 Misc. 445, 28 N. Y. Supp. 684; North Chicago Street R. Co. v. Fitzgibbons, 180 111. 466, 54 N. E. 483. Courts are not bound by the testimony of interested parties, but may look beyond it to the surrounding facts and circumstances to ascertain the true character of the transaction. Dows v. Glaspel, 4 N. D. 251, 60 N. W. 60. Where -a number of witnesses testify positively to…
1Opinion of the CourtGrace, J.
The action is one brought to recover upon an insurance policy upon the life of Mary E, Donahue. The complaint, after alleging that the defendant is a foreign corporation duly authorized to transact business in the state of North Dakota, further states in substance that on the 30th day of April, a. d. 1913, in consideration of the payment of the annual premium of $75.78, and of the payment of a like amount upon each 30th day of April thereafter until twenty full premiums shall have been paid, or until the death of Mary E. Donahue, said defendant made, executed, and delivered its certain policy…
2Cases cited12 opinions
- Modern Woodman Accident Ass'n v. ShryockNebraska Supreme Court · 1898
- Globe Mutual Life Insurance v. WagnerIllinois Supreme Court · 1900
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Thompson v. Travelers InsuranceNorth Dakota Supreme Court · 1904
- Rasicot v. Royal Neighbors of AmericaIdaho Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- San Jacinto Title Guaranty Company v. LemmonCourt of Appeals of Texas · 1967
- Charlton v. WakimotoIdaho Supreme Court · 1950
- Hardware Mut. Ins. Co. of Minnesota v. Jacob Hieb, Inc.Court of Appeals for the Eighth Circuit · 1945
- Plotner v. Northwestern National Life InsuranceNorth Dakota Supreme Court · 1921
- Emmco Insurance v. Palatine InsuranceWisconsin Supreme Court · 1953
10 more not listed; retrieve them via the Exa API.