Newton v. Mutual Ben. Life Ins.

18 F. Cas. 133, 2 Dill. 154

Opinion

THE COURT

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.