UNITED STATES SUPREME COURT DECISIONS ON-LINE

PENCE V. UNITED STATES, 316 U. S. 332 (1942)

Subscribe to Cases that cite 316 U. S. 332 RSS feed for this section

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. chanrobles.com-red

Page 316 U. S. 333


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman