The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-09-16

AN IMPORTANT INSURANCE CASE DECIDED
MRS. II. A. WISE vs.. THE New JERSEY
MUTUAL BENEFIT LIFE INSURANCE Con-
PANY.-In Howard county, Maryland, on
Wednesday the circuit court rendered it's
decision in the case Of Mrs. H. H. Wise,
widow of the late Rev. Henry A. Wise,
against the Mutual Benefit Life Insurance
Company of New Jersey. The verdict was
for the plaintiff, and the amount the award
was S2I ,564.76. The Baltimore Sun says
there were many questions in the case in
relation to life insurance important to be
known by the community. The company
were addressed before the suit was brought
by the attorneys for the plaintiff on the sub
lect of the claim, and there was reply that
remonstrance had been made against the
payment of the claim on account OF the
health of Mr.. Wise before insurance was
effected. It appeared in evidence that
detective was employed by the company
to get up testimony for them.
The defence was made upon the answers
of Mr.. Wise to three of the very numerous
questions submitted to him when he was
examined for insurance. One question was,
I" Has the party had any sickness within
the last ten years, and if so, what?" To
this answer was made, "Pneumonia in
1862" There was evidence of a slight
attack of chronic pharyngetis in Phlladel-
phia in 1860, but that MIR. Wise had been
perfectly healthy since that time. Inc
Court decided that the sickness in Phlladel-
phia was of slight and frivolous character,
which the party was not bound to commu-
nicate. Another question was, Has any
company declined to insure the party! Ii
so, what company, when, and for what
reasons?" TO this Mr.. Wise answered
"No."
There was evidence that previous to this
application Mr.. Wise had been examined
for insurance in the Mutual Life Insurance
Company of New York by DIR. Donaldson,
who reported his health good, but that his
weight was below the standard IN that COM
pany. That an application for insurance
titled out) was, without the knoWleage OF
MIR. Wise, by the agent OF this company
sent to New York to the president OF this
company, who returned the same to the
agent in Baltimore, with directions to with
draw the application. In the same letter
returning it another policy for one Stacy,
was returned g '''declined." BY the rules OF
this New York company the weight of the
applicant must be in proportionto his height.
Afr, Wise's weight was defective. Upon re-
ceiving the returned application from New
York, the agent in Baltimore returned II TO
MIR. Wise, through friend, telling him
that it was doubtful whether his apphca-
ton WOulQ SuCCecu, OIL aCCotlnI Va 1no o'S
of the company III regard TO Welght, anu
that he had better withdraw it.. The sole
reason assigned for not passing upon the
application was this rule OF, the company IN
regard to weight and size. 1t was also proved
that DR.. Hartman was the examining physl-
clan Of the defendant, and in this instance
had weighed and measured Mr: Wise and
sent on his size aud weight to the defend
ants, and had, besides, reported his health al h
GOOD. The Court was asked, as matter
Sf law, to say that this was declining to
insure Mr. Wise on the part et the New s
York company This instruction the Court
rcfiIsed TO give. The other point was upon
This question, submitted to Mr.. Wise
Has the party been or s1s, Is he now, en- :
MIR. Wise answered nNo" s
There was some evidence that Mr. Wise
was Is "a q chaplain In the Confederate army.
The evidence was indefinite. The court
was as asked to instruct the jury that IsMr.
Wisa had been chaplain In the CoIfede-
rate army this question Was improperiy
answered, and that there coplg pc no
recovery on the policy Tlla court