, 1874-07-05

1t is nsu.l to iusort into policies of life-insur-
anco causo to tho efroct that, If tho insured
shall die "by his OWN hand" etc., tho policy
shall be goill and OF no effect. It would Hoo1n,
at first sight, that this clause would yitiato tho
policies OF all suicides; for suicides dio "by
their own hand." III contemplation Of law,
however, ttoy do not always die by their own
hnna, ana, therefore, oyon whon B,lcn clause IL
introduced, tl.olr policies arc not necessarily
void. When tho SUICIDE was, Ut tho time ho
took his llfo 80 insaue that he was drivon
by III Irresistible impulse to commit tho
act, Or that ho was incapable OF e1crcis.
lug hiH reasoning powers as to its real
character, general olroct, aud consequences,
His policy is not void and tho parties for whose
bonodt lo Insured his life mny recover. Such Ia
thD Inv, 1B laid down III u recont caBo il, tue
Circuit Court Of tho United States for tho East
ETH District Of Michigan, by Judge Lougyoar, in
his Charge to the jury. Tho euit was brought
BY Lottie 4. Moore, vito Of Everett ". Moore,
to recover tho amount Of n policy issued By tho
Connecticut Mutual Life -InEuranco Company on
tho life Of lor husband. Il waH not disputed
that Moore committed suicide. Tho case turned
OIL the question whether ho could tcchnicn1iy bp
said to have died by his own hand, Tic Court
said that die by his own hand" and suicide
nean, III general, tho sano thing, and TINT tho
Courts had 30 held. But whit waB nocoaBary to
constitute suicide or .jeto dc se3 Tic putting IN
end to ones own existence, BY party arrived ut
years of discretion aud in Lis sansas. Moore
took LIS own life, aud was of goard Of
discretion. But waa Lie IN l,s soneos7 On tho
should trlru,-i. g., On tho sanity or insanity Ut
tho assured at tho time he took hja life. OF
course tho Barlity Of the assured MAS to bo pro-
snaled until tho contrary wus shown; uud tho
fact Of suicide Ia not itsolf oydouce Of insanity
Nor will all insanity cxeuue the suicide. It must
bo Of such dogroo III will mako tho company
lablo. Anger. jealousy, shame, pride, dread Of
nxposuro, fear OF poverty, may be, In Henao,
insanity; but auoA insanity docs not exempt q
suicide from tho consequences of self-dostruc-
lion when the aut was douo deliberately aud ILL.,
telugontly. III ordor that ho may DO exempted
LlHEt ullak W uGutul ulautuE8 nluQuHLIllh TO
insanity; anl not till nngar, toatouay, or tho
dread ct poverty, haa induced such snantalstate
do thoy excuse tho suicide. When such Htato
Of mind haH boon produced and autoilo
follows, tho act is not tho party's yolun-
larry, Intelligent act. and he looa not,
technically apoaklng, die by his own hand. En-
barrassmonl in business, drawing cleehs With
out having funds On which to draw, committing
forgoncs whom exposure WIS imminent, distrosu
of mind ariaing from these anl ottor oauAca. aro
| 1lot eylleuceH Of TINT dogreo Of insanity which,
| would voptler tho couapupy lablo, Auoh cauaoa
do not incapacltAte man from ua!ug rational
Judgment In regard to tho act of selfdestruoton.
TAey do not imply Ill inaaua impulse sacl III tic
reaAou might not rosIst, nor that his faculties
woro 40 impaired that ho could not understand
tAe moral character, tho uaturo and consequences
Of the act be waa sDous to commit. Judge Long
yoar was Of opinion tlut dofonHoa to suicide lrf
placed On tho Aatus ground, 10 faF ~ ths 1uorA