The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-24
Supreme Court-Circult.
nafAra Han lido. H.v,l.~Il
NOVEL. CAUSE OF ACTION BY AN INSURANCE CON-

NOVEL CAUSE OF ACTION BY AN INSURANCE CON-
PANY.
ArRr 21-7he Mutual Life Insurance Compnuv of
Nep Iok against Am,roSc Wogcr.--This action was
brought by the Plaintiffs to back the amount
paid by the company upon policy taken for the fife
OF one Woodward Frstee by the defendant for the sum
OF 81 500 Ii appears that Fsbee lived nearly seven vssr
after the effected his life and about one
month after his death the defendant applied the COM
pany, and exhibiting the necessary proof Of Frisbses
death received the money Six months after the money
had been paid, this suit instituted to hack
the amount, the alleged ground that Frisbee was
diseased at the time OF the application for and the issuing
of the policy 1t was also contended by Mr. Joseph
Blunt counsel for the company that the defendant had
no interest in the policy Messrs Charles 0Conor and
Fullerton appeared for the defendant produced the
written declaration, signed by the defendant, upon
which the policy was based and on which the insurer
represented having chronic bronchitis counsel
also showed that the company after critical medical
examination of Frisbee issued the policy The plaintiff
aso charged that the defendant knew at the time OF
signing the declaration, that Frsbee afflicted with
splitting of blood, and concealed the fact from the
pany In answer to this the family physician Of Frisbee
deposed that he attended the deceased for several months
previous TO the Insurance. and he knew nothing Of the
splitting OF blood.
The Court in charging the jury, said that two ques.
tons of Importance before them, which they must
pass upon First had Frisbee splitting Of blood within
the meaning of the policy or any other disease that
would likely TO shorten eg If he had either Of these
diseases the plaintiffs cannot that ground or
IL he bad either both of these Diseases and the deen
dant had knowledge of IL, then the Plaintiffs cannot
recover There must have been other of these
diseases and must have been known to the defendant
As to The Of sPng hS hc Ggoa sG definition - give
fe he dangerous to life Of the diseases men
toned in the policy being rupture fits dropsy asthma or
splitting of blood but Il must have existed at the time
the policy was effected, nnteccicrt TO it. The only
other question OF law is TO the right OF the company
recover the defendant had interest
life of the person insured 1t is said that he had in
terest in IT, because he his creditor If he informed
the company when the insurance effected that 1t
was made for what then due him by Frisbee and
also for what advances he would afterwards make him,
then those advances would be protected by the policy
But IL the whole Of those advances did not amount to
81 500 then he would be entitled to no more than he
advanced If he recovered 81 J00 and there not
80 much him by Frisbee then the company would
be entitled the difference In regard to Frisbees state
Of health there was doubt that In l64l he had =
chronic bronchitis and that from that time to his death
he had a severe cough in the mornings and threw up
nncus and was relieved but IL was not very frequent
or severe as II only required the attendance Of doctor
twice But that does not come within the meaning Of
Tic policy and think the fair conclusion s that ct the
time Inc policy made Frisbec not in consumption
Il after the policy made defendant had knowledge OF
Isbec's state Of health that would not affect the DO
lcy II IL wager policy the plaintiffs are enti-
tied to But Il the jury to the conclusion
that advances made by the defendant to the amount
of the policy and that trsbee Mt the time the policy
made had disease within the meaning Of the
policy, that II he had and it unknown TO the de-
iendant then the jury should lnd for the defendant
The Jury rendered sealed verdict on saturday morn
ing the defendant and the court made an additional
award defendant Of Sc0 on the ground that the sus
was improperly brought.