The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-19
A Novel Insurance Suit Before
Judge Van Brunt.
TWO HUSBANDS AND ONE WIFE.
The Security Life Insurance and
Indemnity Company.
The Delaware and Hudson Suit
Dismissed.

An insurance case OF much novelty was brought to
trial before Judge Van Brunt IN Supreme Court, Spe-
cial Term yesterday. During the year 1879 Inc nus
band OF Regina Mansbach then residing In the city OF
Utica IN this State, obtained policy OF insurance on
his life IRON the Metropolitan Lilo Insurance Com
pany OF this city in favor oil his wife Mr. Nansbach
also AT the time or Whereabouts became MEM
Der OF the Mutual Benefit Society While thus In
sured and thus member he took voyage to his ma
tive Germany. After his return 10 this country IN
conseq uence Of III health, he became pensioner for
stated allowance the funds OF the benefit society
Aner about $500 had been paid him misunderstand-
ing arose between him and the officers OF the So
ciety as his right TO draw dement's.
Sever nj angry letters passed between Them. ending IN
the society sending physicians to inquire INTO MS
condition OF health. They found him, they say.
suffering from chronic bronchitis anu asthma. All
his symptoms convinced them that he had been
suffering tho diseases Tor about six or seven
years, and suffered prior TO his admission to the
society. A long quarrel ensued between the officers
OF the society ana Mansbach on these points, they
claiming that he mlsrepresented his condition OF
health at tho time he became a member OF the So
ciety, and had thereby improperly partaken OF its
benefits, and he persistng that he mad not The hre
thus kndled finally reached the insurance company,
and It's officers claiming that Mansbach had
also Misrepresented his condition OF health
when he became insured with them gave
him notice that his policy had been can.
celled and that hencoiorward they would refuse to
accept payment OF premiums thereon de suisse
Quenty rendered his premiums and they were refused
Thcreupon his wife, IN whose favor the policy had
been issued, commenced the suit which was brought
10 trial yesterday, compel the company 10 renstae
the policy full force and accept payment OF premi-
ums thereon. The mpany defended the suit on the
same ground that they assumed inc right 10 cancel
the policy; tho insured had msreprcsented his
condition of health at the time he became insured,
thereby vitiating the policy Mansbach persisted IN
asserting and testified, that he was not afflicted
with asthma bronchitis at the time he became In
Durcd; that subsequently made voyage 10 his pa-
tive Germany, and on that voyage, and MOI while
s.skating against the wind in Flanders" the in
sdious disease entered his breast The company re-
lied upon the testimony OF the two physicians who
from the society to examine him, both OF whom
satisfied that at the time they examined Mans
bach all his symptoms indicated that he had been suf-
fcring from the disease six or seven years, although
only year had elapsed since he became insured
They formed the theory also that. instead Of getting
The disease his voyage to Germany, as he SAID, he
GOT In Utica and took the voyage 10 cure H. but got
worse; that when he got to Germany he consulted
physicians and they sent him back America where
Ihase physicians nrst found him. The plaintiff
produced DR. henry g. Ramsey in rebuttal, who testi-
he'd that theory formed by the two physicians tor
The company to the time the disease existed was
wholly Unreliable and on that state OF facts the Judse
reserved his decision.