Triple Tie Benefit Ass'n v. Wheatley

Citations

• 76 Kan. 251
• 91 P. 59
• 1907 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.Evidence — Privileged Communications — Admissions. The bylaws of a fraternal beneficiary association required satisfactory proof of death before payment of a beneficiary certificate. It furnished blanks upon which such proof should Be made. The following printed note preceded the blank to be filled by the attending physician:</p> <p>“Note to attending physician: The purpose of the following statement is twofold. First, to establish proof of death and the cause. Second, to give such information concerning the personal, and family history of deceased, together with predisposing causes leading to last illness, as well as the various matters of importance necessary in tabulating vital statistics. Attending physicians are urged to give under general remarks any information which, in their judgment, tended to shorten the natural duration of life. You are assured that this statement will be used only for the purpose of gathering correct and accurate information, and will in no case be used as a basis for litigation.”</p> <p>A beneficiary submitted proof of death upon one of these blanks, in which the attending physician made statements beyond those necessary to establish death and which gave information obtained in a professional way concerning the state of the deceased’s health several months prior to. his death. Held, that such statements cannot be regarded as admissions of the beneficiary made in connection with his proof of death.</p>