Rhode Island. Supreme Court
Published: 2013-09
Total Pages: 224
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...without objection. The other exhibits show that Shepley was general agent of the company. III. As to the admission of evidence of Shepley's statement. His agency being proved and not denied, his statements are clearly admissible, especially with the limitation in the charge, that they were not binding upon the company. IV. As to the evidence of interest. It is not necessary, upon a policy of life insurance, to show that the insurer holds a specific legal debt for the amount of the policy against the person whose life is insured; at most, it is sufficient if he has a pecuniary interest in the life of the deceased substantially equal to the amount insured. Hoyt v. New York Ins. Co. 3 Bosworth, 440; Lord v. Dall, 12 Mass. 110; Loomer v. Eagle L. d' H. Ins. Go. 6 Gray, 396. When the company merely ask if the applicant has such interest, his statement, if made in good faith, (being a matter of estimate and opinion, ) and if accepted by the company for the purpose of fixing the amount of policy and of the premium, is binding upon them in determining the amount of the loss. Ruse v. Mutual Benefit Life Ins. Co. 26 Barb. 556. A partnership arrangement being of uncertain value, is to be taken as valued at the amount of the policy. 6 Gray, supra; 26 Barb. do.; Bever v. Conn. Mutual Li/e Ins. (Jo. 26 Conn. 224. The value of such an arrangement in the case at bar was left to the jury. The statement of evidence, as allowed by the judge, shows that such an arrangement existed. If it does not appe ar that it existed before the date of the policy, it certainly does not appear that it did not. That question was left to the jury, (see charge, ) and there is no ground in fact, or in the statement as allowed, to set aside their verdict. V. The request to...