Home Benefit Assn. v. Sargent

Citations

• 142 U.S. 691
• 12 S. Ct. 332
• 35 L. Ed. 1160
• 1892 U.S. LEXIS 2004

Syllabus

<p>A policy of life insurance provided as -a condition, that death of the assured “ by his 6wn hand or act, whether -voluntary or involuntary, sane or insane, at .the time ” was a risk not assumed by the insurer.- A suit to recover the amount of the policy was tried on the theory on both sides) that death from a shot from a pistol fired by accident by thé assured, was cóvéred by the policy: Held,</p> <p>(1) Evidence drawn out on the cross-examination of a witness, Which has a bearing on the testimony given by him on his direct examination, is competent, especially where ■ it relates to -a part of the same conversation;</p> <p>(2) An inquiry as to what conversation was had with the plaintiff’s agent is not competent, if it does not appear what the subject of the conversation was, or what was intended to be proved by it;</p> <p>(3) In view of the contents of the proofs of death and of the evidence, the plaintiff was not estopped' from claiming that the death of the assured was caused otherwise than by suicide, and it would hot have been proper for the court to charge the jury that by the introduction of the proofs of death, the burden was put on the plaintiff to satisfy the jury, by a preponderance of evidence, that the assured died otherwise than by his own hand;</p> <p>-(4) The defendant having alleged in its answer, that the death of the assured was due to a cause excepted from the operation- of the policy, it was not error for the court to charge .the jury that the defendant was bound to establish such-defence by fevidence outweighing that of the plaintiff.</p>