United States Circuit Court, Northern District of Illinois. John Gaughan v. The North Western Fertilizing Company

1873 The American Law Register (1852-1891)  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. GAUGHAN v. FERTILIZING CO. GAUGHAN v. FERTILIZING CO. 569 569 made by the applicant in the written application to the company. As the declarations are presumed to be true, the burthen of proving them untrue is upon the defendant who controverts them. Whether the representations were material to the risk or not, is not open for inquiry in this case; for the defendant and plaintiff agreed, as it was competent for them to do, that if any of the declarations were in any respect untrue, the policy should be void. Hence, it is for the jury to determine, from the evidence, whether the defendant has shown any one of the declarations to have been untrue in any respect, when made, and also whether the plaintiff has shown that, at the date of the policy, she was the lawful wife of the said 0. F. Holabird. The jury should pass upon this case with impartiality and free from all prejudice for or against either of the parties to the suit. The rights of corporations and of natural persons are to be decided by the same rules of justice, and should be affected by no considerations, except such as the law and evidence require when controversies arise between them for judicial investigation. If the jury find for the plaintiff, they will assess her damages at $10,000, deducting therefrom the amount of notes for premiums on the policy unpaid at the time of Mr. Holabird's death, together with any balance of the year's premium remaining unpaid, and will add interest on said sum, at the rate of six per cent. per year, from the time proof of death was submitted to the defendant to the present time. If the jury find for the plaintiff, and are further satisfied from the evidence that the defendant has vexatiously refused to pay the loss in this case, they are at liberty, in their discretion, to add to the foregoing sum an amount not exceeding ten per centum of the loss. The law commits the question of vexatious refusal to the calm and deliberate consideration of the jury, to be determined in the light of all the facts and circumstances of the case. United States Circuit Court, Northern District of Illinois.
doi:10.2307/3303797 fatcat:6nkgjod5sjcozlfywv5whrjl5a