Newton v. Mutual Ben. Life Ins.
This text of 18 F. Cas. 133 (Newton v. Mutual Ben. Life Ins.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
observed that the affidavits, etc., may be received in evidence to show that due proofs of death were made, where there has been no waiver; but they are not competent evidence on the issues joined at the trial as to the controverted facts. Preliminary proofs are for the satisfaction of the company in the first instance, so that it may determine whether it will pay without a contest, or will remit the claimant to a judicial forum to establish his demand. When that judicial forum is resorted to, the ease is to be tried on the issues, under the ordinary rules of evidence.
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Cite This Page — Counsel Stack
18 F. Cas. 133, 2 Dill. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-mutual-ben-life-ins-circtedmo-1873.