Mutual Life Ins. Co. of New York v. Burgess

McDONALD, Chief Justice.

This is a suit upon a policy of life insurance. Plaintiff relies upon a presumption of death of the insured arising from seven years’ absence. Trial was to the court without a jury, resulting in a judgment for plaintiff, from which defendant has appealed.

Defendant first contends that plaintiff failed to make a sufficient showing to raise a presumption of death. In view of what we shall next say, we shall not undertake a determination of this question.

Assuming, for the sake of argument, that plaintiff made a prima facie showing of death by reason of seven years absence,…