Adreveno v. Mutual Reserve Fund Life Ass'n

• Decision Date: 23 April 1888
• Citation: 34 F. 870
• Parties: ADREVENO v. MUTUAL RESERVE FUND LIFE ASS'N.
• Court: U.S. District Court — Eastern District of Missouri

34 F. 870

ADREVENO v. MUTUAL RESERVE FUND LIFE ASS'N.

United States Circuit Court, E.D. Missouri, Eastern Division.

April 23, 1888

Collins & Jamison, for plaintiff.

W. C. &amp J. C. Jones, for defendant.

This was an action by Giovani B. Adreveno, plaintiff, on a certificate of insurance issued to the son of plaintiff by the Mutual Reserve Fund Life Association, defendant, for the sum of $5,000. Plaintiff was the beneficiary named in the certificate. The defendant relied upon alleged false representations in the application for the certificate as to the previous health and habits of the deceased. To prove that these representations were false, the defendant offered to introduce the testimony of several physicians, who had attended deceased prior to the date of the application. The plaintiff objected, on the ground that the witnesses were precluded from testifying under section 4017 of the Revised Statutes of Missouri. The questions and objections thereto were as follows:

'Question. I will now ask you with what disease he was afflicted while he was there in the hospital? Counsel for the plaintiff objected, if the information of the witness was obtained from the patient while attending him. Q. From whom did you get your information as to what he was afflicted with,-- from him by an examination of his person, or from talking with him? A. Yes, sir. Q. Was it necessary for you to get that information in order to treat him property? A. Certainly it was. Plaintiff's counsel renewed his objection.'

THAYER J.,

(after stating the facts.) I see that the application for the policy contains the following clause:

'And the applicant hereby expressly waives any and all provisions of law now existing, or that may hereafter exist, preventing any physician from disclosing any information acquired in attending the applicant in a professional capacity or otherwise, or rendering him incompetent to testify as a witness in any way whatever.'

Section 4017, Rev. St. Mo., declares that 'the following persons shall be incompetent to testify: A physician or surgeon concerning any information which he may have acquired from any patient while attending him in a professional character, which information was necessary to enable him to prescribe for such patient as a physician, or do any act for him as a surgeon. ' It has been held in this state in three cases, viz., the case of Groll v. Tower, 85 Mo. 253; Carrington v. City...