Pence v. United States
316 U.S. 332 (1942)

Annotate this Case

U.S. Supreme Court

Pence v. United States, 316 U.S. 332 (1942)

Pence v. United States

No. 665

Argued March 11, 12, 1942

Decided May 11, 1942

316 U.S. 332

Syllabus

1. In an action on a government life insurance policy, the Government is entitled to a directed verdict on the ground of fraud where material representations relating to his health made by the insured in his application for the insurance, and relied upon by the Government in issuing the policy, are clearly contradicted by statements made by him after issuance of the policy in support of claims for disability benefits; here, the later representations leave no doubt of the falsity of the earlier ones, nor of the applicant's knowledge of their falsity, and are neither contradicted, qualified nor explained by other evidence in the case. P. 316 U. S. 338.

2. The representations in the sworn application for government life insurance were not evidence of their own veracity when challenged as false and fraudulent. P. 316 U. S. 339.

3. Upon the facts above stated, the requisite intent to defraud is presumed. P. 316 U. S. 339.

121 F.2d 804 affirmed.

Certiorari, 314 U.S. 602, to review a judgment entered by the District Court on a verdict for the present petitioner in an action on a government life insurance policy. The District Court denied the Government's motion, under Rule 50(b), for judgment notwithstanding the verdict or for a new trial.

Page 316 U. S. 333

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.