The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-09
TEST INSURANCE SUITS.
CAN COMPANY BE COMPELLED TO PAT A
POLICY WHERE THE HOLDER WAS KILLED
DURING PRIVATE QUARREL?

CAN COMPANY BE COMPELLED TO PAY A
POLICY WHERE THE HOLDER WAS KILLED
DURING A PRIVATE QUARREL?
GOSHEN, N. Y, April Q. 1877.
Tho courts will decide anoth interesting casc
which has grown out of the famous Berdell- Murray
tragedy. II will be that the Murrays and
Barnards with whom Erio's cx-Presidert, Robert H.
Berdc became connected by mar,aga grew to be very
insoent toward Mr.. Be-dcll account OF alleged fam
lily difficulties. Wlsner Murray, the late President Of
this village, who married a sister OF MI Bcrdeils wife,
took very part the aggressive warfare upon
Mr. Bcrdcl, and, the latter says, bounded
him upon every favorable occasion that pre-
sented itself, hoaping insult upon insult
I'll his conduct and actions became almost
unbearable. However. Mr.. Berdell stood It all and
with calm serenity and patience awaited events that
were happen in due Of law. Murray's insults
alleged TO be very frequent, upon fcrryboats,
and streets-n fact, wherever and whenever they met
Finally, he became cmboIdencd at fancied wrong
committed by Mr. Berdel, and then concluded to have
revenge by logging AR. Berdcll with rawhdo Ac-
cordngly, accompanied by his brother, they lay in
wait Tho Goshen depot for the arrival OF the New.
burg and Ulster county express, upon which
expected Mir. Berdell would be- Ho came as
expected, and, no sooner had he lett the train,
than Wisner Murray's brother pinoned him whilo
Wisner applied the cowhide vigorously Mr. Ber
des and head, cutting deep cash every stroke
most pltlaole slPHL OIL the mau they At
tackled. Mr.. BcrdcI loosencd himself and the at
tacking party fled, but before he got Of narm's
way Berdell mad lodged bullet in his brain Hc died
aud Goshen was bcreit OF President. These tho
plain facts connected with the tragedy and the
thut Is soon to be tried Is the Uutcomng OF u.
Wisner Murray before he died had policy Tor So 900
placed upon his lie In the New York Life Insurance
Company. The executors oil the estate, his widow,
Gertrude Murray and Henry G. Wisner, now anx-
ous to obtain the 000 but tho company says no. he
jeoplrdized his life by attacking Mr.. Bcrdc they
refuse pay the amount OF the policy. The suit has
been instituted the Sc 900, and II will
be brought TO trial.
ANOTHER POINT.
The case oil Wolf vs. the Connecticut Lie insurance
Company Circuit Court, Judge Boyle presiding, al ST.
Louis. Is q similar The deceased Wadrdt
WoIn OF Madison county H. upon whose life
surance effected for 81 800. The evidence ut tho
trial showed that the deceased killed by blow
upon the head inflicted by Kanli that Wolf
made unprovoked assault upon kanii, who, to
MS own hlc, killed his assaiiant The plaintiff
claimed tho policy annulled by TINS act.
The defence contcnded that when the deceased voun
tariy and rocklcssy placed his lie IN jeopardy and
IL by ioolhardy act tho policy forfeited.
The jury took this view Of II ana gave verdict for
the defendant
One OF the stipulatons In the New York Lilo In
surance Company's policy IS similar TO that OF the
Connectcut-Eamoly, that II was 10 DO void IN tho
event OF the insured committing an act Jeopardizing
his lie, Murray did, or in violating the laws CT the
Sfaia