25 Minn. 534 | Minn. | 1879
Lead Opinion
When this cause was called for trial in the court below, but before any other act was done toward a trial, the defendant objected to the court proceeding further in the cause, on the ground that it having executed and filed the proper papers^ for a removal of the cause to the circuit court of the United States, the state court had lost jurisdiction.- If the record in the cause showed a loss of jurisdiction, it was error in the court to proceed further. No order for removal was necessary. St. Anthony Falls WaterPower Co. v. King Bridge Co., 23 Minn. 186. The only ground upon which the right of removal is claimed is that the defendant derives its corporate character under an act of congress which declares that the corporation shall be capable “of suing and being sued, pleading and being impleaded, in the district and circuit courts of the United States, either in law or in equity,” in the district of Columbia, or elsewhere. It is-
Our attention is called to the act of March 3, 1875, (18 St. at Large, 470,) regulating removals. But that act does not include the case of a corporation created by or under the laws of the United States. Such eases are controlled by U. S. Rev. St. § 640, in which such a corporation is required to state, in its petition for removal, that it has a defence arising under or by virtue of the constitution of the United States, or any treaty or law of the United States. The petition in this case had no such statement, and it was therefore insufficient.
The action was upon a policy of life insurance upon the life
Upon the defence under the first of these conditions, the evidence was complete that the insured died by suicide, and there, was also evidence covering a period of several months prior to his death, commencing with a very serious injury suffered by him, tending to prove insanity. We think there was enough of this evidence to justify a finding that he was insane at the time of the suicide. The defendant claims that the jury were not at liberty to draw any inferences whatever relative to the mental condition of the insured, from the act of self-destruction itself. The court below charged the jury that the mere fact of the commisson of suicide is not evidence of insanity. Without expressing any opinion on the question whether suicide, where there is no other evidence showing the mental condition, is evidence of insanity, we.think that where there is other evidence tending to show an insane condition, the fact of suicide may be considered in connection with that evidence.
The charge of the court below, upon the question whether death by suicide, committed by reason of insanity, avoids such a policy as that in suit, is very tersely and clearly expressed ; and as though the court feared the jury might misapprehend, it is several times repeated, always to the same effect, and in carefully chosen language. The charge was that “if his (Scheffer’s) reason was so far overthrown that he had not the power or capacity to exercise it upon the act he was about to commit; if he did not understand, or if he did understand and appreciate the effect of the act, but was driven to it by an uncontrollable impulse caused by insanity, then it is
This charge presented a .point that has been repeatedly passed on by the supreme court of the United States, and •the courts of last resort in many of the states, which courts have generally, with the exception of that in Massachusetts, .given to such a condition in a life-insurance policy, the same -construction given to it by the court below. Knickerbocker Life Ins. Co. v. Peters, 42 Md. 414; Breasted v. Farmers’ Loan & Trust Co., 4 Hill, 73; s. c. 8 N. Y. 299; Phillips v. Louisiana Life Ins. Co., 26 La. An. 404; Eastabrook v. Union Mutual Life Ins. Co., 54 Me. 224; Phadenhauer v. Germania Life Ins. Co., 7 Heisk. 567; Life Insurance Co. v. Terry, 15 Wall. 580; Insurance Co. v. Rodel, 95 U. S. 232.
Construing the condition avoiding the policy in case of the insured dying by his own hand literally, it would include a -death caused by his hand, even through accident or mistake, .as in case of an accidental discharge of a fire-arm while held by him, or the taking, by mistake, of poison, under the belief -that it was proper medicine. That the parties to such a policy intended the condition to include a death so caused, no court -has ever intimated. Even the case of Dean v. American Mutual Life Ins. Co., 4 Allen, 96, the strongest case cited in support of defendant’s position, departs from a literal inter-pretation of such a condition, and lays it down that the condition is intended to protect the insurer against the destruction -of life by the voluntary and intentional act of the assured. The weight of authorities and the best reason sustain the proposition, that to avoid such a policy, the mind and hand must concur in producing the death; that it must be a criminal act of self-destruction. The charge of the court below 'went no further than this, and was correct.
The alleged violation of the second of these conditions consisted in the representation, in the application for the policy, that a brother of the insured died by accident, when in truth .he died by suicide. The fact that such brother died by
And this is especially so, in view of the fact that the first policy was not introduced in evidence, and it does not appear that there was any condition in it making its validity depend on the truth of the representations in the application on which it issued. Had there been such a condition, the inference would be strong that the second policy was understood to depend upon the same condition. But there can be no such inference, where the conditions of the first policy are not known.
Order affirmed.
Dissenting Opinion
dissenting. The letter of Charles Scheffer, which in the opinion of my brethren may properly be regarded as-the “application” upon which the policy in suit was issued, is in these words:
“St. Paul, Nov. 16, 1871.
“E. W. Peel;, Esq., Secretary, Philadelphia:
Dear Sir: I return herewith policy No. 1,206 for $5,000. As my good wife died two weeks ago, you will please issue a new policy payable to myself and heirs. Send papers to First National Bank here, and I will pay the semi-annual premium due November 23. Truly, etc.,
“Charles Scheffer.”
I do not think that a letter of this kind is, in insurance-parlance, an “application” for a policy. It does not seem to me reasonable to suppose that this can be the application to which the policy refers, when it says that the insurance is-made “in consideration of the representations made in the application for the policy,” nor the application referred to in that part of the policy which declares that the policy is issued and accepted upon the express condition and agree
Aside from this letter, there is no evidence of any application except that upon which the first policy was issued — the policy running to Kate Scheffer — in the place of which the policy in suit was issued. I think the evidence shows beyond a doubt that this was the only application ever made, and that it is the application referred to in the policy in suit. These views compel me to dissent from that part of the majority opinion which takes a contrary view. I think there .should be a new trial.