New-York tribune., 1873-12-17
THE COUR1S.
SINGULAR LIFE INSURANCE CASE.

LIZ lNothhNCE Ciois'
THE PAYMENT OF POLICY REFUSED ON THE
GROUND THAT III WAS FRAUDULENILY DEIIV-
ERED TO A MAN WHO DIED From THE EFfECrs
OF OPIATEs AND INrEMPEBANCE.
| In the United States Circuit Court, vester-
day. Judge shpman presiding the trial Of OF con
siderable Importance to life Insurance companies, and to
those who invest their money In them. begun. On
June 1862 John H De Camp procured, IN behalf OF his
wife, from the NewJersey Mutual Beneat Life Insur
Company, $4,000 policy on his life and, accord
ing the opening statement OF John L. Hi counsel for
Mrs. De Camp, who now brings SUIT 20 recover the
amount Of the policy the wing the facts relative
to her husbands death. and TO the defense set
up by the Company: DIR. Do Camp was in tho
habit OF taking Opstes, and occasionally quOr to ay
excitement. On June %, 1869. he took over
dose OF opiae. aud died from nervous prostraon on
the Goth John q. johnson and DR. Dudley OF Brook
yn atended him. an inquest held. and no question
OF suicide was raised Tue defendant asserts that the
policy question fairly delivered to Ds Camp that
he did not pay tho premiums it to any author
receive them and that he WAS guilty NJ rsud In
representing that no temperate in his habits. The
policy expressly states that IT shall be void II the
sured dies from the effects OF intemperaDce"
Chas C. LathrOp. who WAS President OF tho Company
when policy issued testified thatit properly
made out. aud admitted in evidence. rs was also
the certificate Of Dr. johnson 10 the eroct that alcoholic
stlnulants and The OF opaes operated 10 produce
the death OF DE Camp.
Edmund T. Robinson Of counsel the defendant re
marked that certificate very sng ilar evidence
for the plaintiff 10 Introduce and Mr. Hill read the
certificate OF the COmpanys examining ply scian. which
states that DE Camp temperate IN his habits. and
that IL was "Hrstclass risk" Formal proof Of the
death Of De Camp made. with the usual proofs of
loss and Mr.. Hi! closed his priInd fdcie case.
On the crOssexamiuati0n Mr.. Ltthr0p testified that
Cotton, the ono who obtained from the Company tie
policy question had no connection whatever with the
not to deliver the policy to Mrs De Camp until was
paid and the turned over 10 the Company or
its authorized agent Copies of several of Lahrops let
ers requesting Cotton to return the policy on the ground
that conditions mad not been fulfilled we're read III
Mr Robinson stated that his line of proof would be
that plaintiff obtained the policy by colluson with
Coton who agent for the purpose OF procuring
it, and Mr.. LatbTop continuing MS evidence on the
xamination, said that the Do Camp policy was
the only policy of the Company placed IN C0itons
hands that he represented himself to him as the agent
Of the Equitable Life Insurance. Company that ho was
premium paid on II, and that no had no fSht 70
deliver /, before the payment OF he premium .h tina
after De Camps DEATH Mrs Do Camp brought an action
against him TO obtain possession OF y Cotton told me
said that he could mol return the polioy
to the Company whie II was pending; no premuns
Mrs De Camp testifed: My husband gave the policy
to me- and gave It TO Cotton for safe keepiug few
he paid hun, as premium on it, sl5g saw my husband
pay il TO Cotton who counted IL and sad WAS all right
band did not see Cotton there my husband was sick
some three days before he died. Dr Johnson AZ
tended him; do not know that DR.. Johnson was
amined at the inquest; can't remember when last
saw Cotton but think 1t was about three years ago. my
husband handed the policy to me immediately alter he
had received from COltoD he was ia the habit OF at
tending to busuess for nv husband
Redirect-The first knew OF the application for tho
policy Cotton brought 1t to house To be made out
Coltonwas not agent for the purpose Of procuring
the policy
Mr. Hill here rested" bis case. and in his opening
remarks for the defense Mr. Robinson claimed that the
policy had been obtained by the means OF false aud
fraudulent representations that no premium had boon
paid upon It, that the one who had procured WAS not
an agent of tho Company and that therefore, it should
not be forced TO pay Mr. Robinson also claimed that
Mr. DE Camp was an incorporate man. that no died
from the effects OF alcoholic stimuants. and that foe
that reason the policy even II it had been honestly OBJ