# Ex Parte Mutual Life Ins. Co. of New York

> Supreme Court of Alabama · September 28, 1933 · 227 Ala. 276

URL: https://www.frixlaw.com/law-library/cases/3245351

## Case

- **Full name:** Ex Parte Mutual Life Ins. Co. of New York. Mutual Life Ins. Co. of New York v. Mankin.
- **Court:** Supreme Court of Alabama
- **Decided:** September 28, 1933
- **Citations:** 227 Ala. 276; 149 So. 875; 1933 Ala. LEXIS 265
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Anderson, Thomas, Knight
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3245351

## Opinion text

BROWN, Justice.
The only question specifically dealt with by the Court of Appeals was that raised by the appellant’s ninth assignment of error— the sustaining of plaintiff’s objection to an excerpt from page 281 of Sir William Osier’s “The Principles and Practice of Medicine,” dealing with “Syphilis and Life Insurance” — the entire volume, as the opinion states, had been offered in evidence by the defendant and allowed by the court over the objection of the plaintiff. This, of course, as the Court of Appeals correctly holds, rendered the sustaining of the objection to the excerpt innocuous.
The other questions argued here are not so presented as that they are reviewable. Campbell v. State, 216 Ala. 295 , 112 So. 902 ; Ex parte Hale (Hale v. Southern Ry. Co.), 225 Ala. 267 , 142 So. 589 .
We, however', are not in.agreement with the opinion of the Court of Appeals, in so far as it holds that the courts will take judicial knowledge that syphilis is a disease that will increase the risk of loss. Cur cases are to the contrary. National Life & Accident Ins. Co. v. Baker, 226 Ala. 501 , 147 So. 427 ; Louisiana State Life Ins. Co. v. Phillips, 223 Ala. 5 , 135 So. 841 .
The writ is denied.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3245351. Public record. Not legal advice.