Meaney v. United States

112 F.2d 538 (1940)

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Meaney v. United States

United States Court of Appeals for the Second Circuit
112 F.2d 538 (1940)

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Facts

Meaney (plaintiff) sought to recover under a war-insurance policy after he contracted tuberculosis. The question at trial was whether Meaney was disabled at the time the insurance policy lapsed. A physician who had examined Meaney after the lapse of the policy testified at trial as to what he found when examining Meaney. However, the trial court judge refused to allow the physician to testify as to what Meaney told him regarding his past medical history and symptoms, finding that the evidence was hearsay. Meaney’s narrative of his past medical history was not offered as a basis for the physician’s opinions, but rather as substantive evidence. The jury ruled to dismiss Meaney’s petition, and the trial court entered judgment consistent with the jury’s verdict. Meaney appealed, arguing that the trial court erred in excluding his narrative.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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