New Jersey Mutual Life Insurance Company v. Baker - 94 U.S. 610 (1876)
U.S. Supreme Court
New Jersey Mutual Life Insurance Company v. Baker, 94 U.S. 610 (1876)
New Jersey Mutual Life Insurance Company v. Baker,
94 U.S. 610
1. Counsel cannot, in requests to the court below, assume the existence of facts and ask a charge to the jury based upon such assumption, nor, upon argument here, insist that because the assumption was made, this Court is to consider the assumed facts as existing.
2. The doctrine in Insurance Company v. Wilkinson, 13 Wall. 222, and Insurance Company v. Mahone, 21 Wall. 152, as to the admissibility of parol testimony to show that the answers to questions in an application for a policy of life insurance, as construed, interpreted, and written down by an agent of the company, were not those of the applicant, affirmed and applied to this case.
The facts are stated in the opinion of the Court.