Valley Mutual Life Ass'n v. Teewalt

Citations

• 79 Va. 421
• 1884 Va. LEXIS 98

Syllabus

<p>1. Insurance Companies—Insurable Interest.—It is well settled that a father has an insurable interest in his child’s life, and the child in the father’s.</p> <p>2. Idem—Declaration.—Declaration drawn in substantial conformity with V. C. 1873, ch. 174, § 14, is sufficient.</p> <p>3. Idem—Evidence—Age of Insured.—Statements of insured, some time before his application for policy, are not admissible evidence to disprove representations of his age contained in said application ; and the same is true quoad statements of insured to company’s agent several months after policy issued.</p> <p>4. Idem—Idem—Age of Insured by Appearance.—It is improper to allow witness to give in evidence his opinion of insured’s age from the latter’s appearance.</p> <p>5. Idem—Idem—Relevancy.—Where there is nothing in the record to enable this court to see that a question is pertinent or proper, the answer not being given, it will not consider the question of the propriety or impropriety of the question. Carpenter v. Utz, 4 Gratt. 272; Harman v. Lynchburg, 33 Gratt. 43.</p> <p>6. Practice at Common Law—Argument.—Defendant cannot, after argument to jury has commenced, withdraw plea of general issue, and thus entitle himself to open and conclude the argument.</p> <p>7. Idem—Idem—No Ground for Reversal.—Though it has been decided that where general issue is not pleaded, but special matter, the proof of which rests on defendant, it may be proper for trial court to allow his counsel to begin and conclude the argument, yet the failure of that court to allow him so to do, will not suffice for appellate court to set aside the verdict, unless it appears that the verdict is contrary to the evidence, the same being certified.</p> <p>8. Idem—Instructions—Relevancy.—Unless record sets out sufficient matter to show whether or not instructions asked for are relevant to the evidence, appellate court will not consider the question of the propriety or impropriety of trial courts giving, or refusing to give,