EVIDENCE - MAILING - INFERENCE OF MAILING RAISED THROUGH PROOF OF OFFICE CUSTOM

Authors

Charles H. Haines, University of Michigan Law SchoolFollow

Abstract

In a suit on an accident insurance policy the defense of the insurer was that timely notice had been given of the revocation of the renewal privilege. At the trial, in order to raise the presumption that the notice was delivered to the insured, proof was offered that the letter was dictated and addressed in the large home office and given to the mail boy for posting according to the office custom. The letter was traced no further. On this evidence the court allowed the jury to find that the notice had been received. Plaintiff appealed. Held, reversed. The evidence of the office custom was insufficient proof of the mailing unless coupled with testimony of the mail clerks that they complied with the established routine. Frank v. Metropolitan Insurance Co., 227 Wis. 613, 277 N. W. 643 (1938).

Recommended Citation

Charles H. Haines, EVIDENCE - MAILING - INFERENCE OF MAILING RAISED THROUGH PROOF OF OFFICE CUSTOM, 37 Mich. L. Rev. 655 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss4/18