Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1873-02-27
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Intemperance and Life
Insurance.

toxtion or habitual intemperance
go to the invalidation of life in
surance policies came up. The
case came up upon a writ of err
ror from an inferior court on
the claim that the verdict, which
was against the Mutual Benefit
Life Insurance Company for the
amountof the policy,was against
evidence. One Of the stipula-
tons in the policy was that "if
the insured should die by reason
of intemperance from the use
OF intoxicating liquors, the pol
icy should be void and of no eff
feet" Another stipulation was
that eff any of the declarations
signed by the insured in his APP
plication should be found in any
respect untrue, the policy should
be null and void;" in which case
all previous payments paid
thereon and all profits should
be forfeited to the COMPANY
The policy was dated in May,
1868, and the insured died in
January, 1869. The physicians
certificate attributed death to
congestion of the brain, the
general symptom of which was
great prostration of the nervous
system, caused by cold and de-
rangement of the excretory or
gans and over-stimulation. The
defence was that the insured,
at the time Of effecting the in
surance and until his death, was
addicted to intemperance, and
died from the excessive use Of
intoxicating liquors.
In the course Of the trial the
following easily recognized def
nitions and divisions into class
es of victims of drink were
brought out:
"Those who use intoxicating
liquors at all may be divided in
to three classes. The first drink
sometimes and upon occasions
as it were more by accident than
otherwise, but in so exceptional
a manner that no one can say
they have any habit in regard to
such use. They can stop at any
time, even taking the glass from
their lips in the midst of the
feast. Whether such drinking
Injuries the health of those who
indulge to this extent no one
can tell with certainty. 1t is
obvious this class would not be
embraced in the terms of the
policy.
"a second class acquire a
constant appetite for the use of
intoxicating liquors, and a reg
ular habit of using them, so
that the whole system is kept
under the immediate influence
of alcoholic stimIiants. This
class would De within the prohi-
bition of this policy.
"a third class acquire a con-
additionally nervous appetite
for alcoholic liquors that really
amounts to a disease. Such
persons may remain sober for a
month, three or six months, or
even a year at a time, and refuse
to taste any intoxicating drink,
and then GO upon what is called
a spree of great intensity, and
lasting for a longer or shorter
period, usually until prostration
and sickness, and often delirium,
compel cessation, and terminate
the spree. When beginning or
in the midst of such periodical
debauch, no earthly considera-
ton or persuasion can arrest
the course of the subject, or in
duce him to stop drinking. In
this he is strikingly different
from the first class referred to.
"There are two varieties of
sprees. The one is boisetrousI
and seen everywhere; the 9TH
er. conscious of his self-degre-
dation and disgrace, hides him.
self from observation, so as not
to be seen and have his condi-
ton and habit known, and few,
except his family and intimate
acquaintances, may know or
suspect him."
The Court was satisfied from
the evidence that the insured,
though an honest and efficient
business man, was ''spree" at
the time he effected this insu-
rance, and continually up to the
time of his death, which no
doubt was caused by a heavy
spree. Upon this finding the
Court held that the verdict a.
gainst the company was against
evidence, and the Judgment was
reversed.
NLannlain WAS frozen |