Groner v. Supreme Tent of the Knights of the Maccabees of the World

Citations

• 265 Pa. 129
• 108 A. 437
• 1919 Pa. LEXIS 513

Syllabus

<p>Evidence — Death—Presumption of death — Seven years’ absence..</p> <p>1. The rule that, in case of an absent person of whom no tidings are received, the presumption of the continuance of life ceases at the end of seven years, is applicable in an action in the common pleas by a wife to recover insurance on the life of her husband, whose death is alleged.</p> <p>2. In such a case where it appears that plaintiff’s husband after leaving his wife and home, did not take up a permanent residence elsewhere, but roved from place to place, the rule, as to the requirement of a showing of absence for seven years from the last known “settled or established” domicile, has no relevancy.</p> <p>3. In an action to recover insurance on the life of plaintiff’s husband whose death is denied by defendant, a judgment on a verdict for plaintiff will be sustained, where the evidence tends to ;show that the insured had lived for twelve years with his wife in a “pleasant” home which he had built; that he had two children; that his parents who were advanced in years, and many friends, lived in the same town; that in November, 1907, when his health was poor, he left home, with the intention of going to Oklahoma to work at his trade; that his wife accompanied him part of the way; that after she left him he mailed letters to her all along his route, and some from Oklahoma; that running out of funds he wrote to his wife and she sent him money; that he subsequently sent a cheek to his daughter from California; that in 1909 he wrote from a town in California that he was getting his teeth fixed; that thereafter no communication was received from him; that the wife made numerous inquiries for him, writing to machine shops, to public officers of towns where such shops existed, and to people, who she thought might know of his whereabouts; that her brother-in-law went on a trip to find him; that she advertised in a trade journal, offering a reward for information about his whereabouts, and that all h