The New York herald., 1879-10-15
NO NEUTRALITY-SUSPICIOUS.

MFRS. LEON Fu&NEss RECEIVERS ELEVEN THOU
SAND, FOUR HUNDRED AND sEvENTY-FoUR
DOLLARS AND TWENTY-FIVE CENTS on A
BAND.
For several days past there has been on trial be-
fore Chief Justice Curtis in the superior Court the
suit of Mrs. Louisa NJ. Furness against the New
York Mutual Life Insurance Company to recover
upon policy on the life of her late husband, Leon
Furness. for $4,000. Hwlbe remembered. the facts
having already been published in the HERALD. that
the policy in 1874 was taken out by Nh. Furness in
favor of the plaintiff. On the 27th of July.
1877 Furness was found dead in his room with
pistol ball in his left breast When the policy was
presented to tho company for payment they refused
to pay. the ground that it was vitiated because
tho insured had made misrepresentation as to his
habits. which tended to shorten his life. and had
finally committed suicide. During the trial great
mass of testimony was taken both sides. much
Of it being the testimony of experts ana relating
to the degree of intemperance necessary to
vitiate the policy. The case was summed up on
behalf of the plaintiff by Mr. John E. Parsons. who
claimed that the death of Furness was purely acci-
dental, inasmuch as at the time the pistol dis
charged he was leaning out of the window. intend
ing to shoot some neghboring dogs. This. he said.
disposed Of the suicide theory. Mr. Parsons then went
to say That the QeccaScu WdS luOuerote
drinker, and in confirmed drunkard.
and that there was not any deception practised Oy
him upon the company in this regard. When the
usual printed question, "Are you OF temperate
habits - was shown to him. he answered, "Yes.
Drink at times" Mr.. Parsons contended that the
policy accepted and given understandngly. and
in every aspect of the there was justihable
reason for its non-payment. Ex-Judge Fullerton,
counsel for the company made an elaborate answer
ing argument. in the course of which he
severely criticised the conduct of the OPP
posing counsel during the trial. intimatlng
that important papers had been withheld
knowingly by him; which charge, however, tho
latter Indignantly repudiated. Judge Fullerton
claimed that there nothing in the policy pro-
hibiting the moderate of alcoholic liquors. but
only restricting ts far ~ 1t tended to shorten
lite. The fact that Mr.. Furness drank excessively.
he said was sufficiently shown not only by the cvl-
dence but also in the papers in the suit tor limited
divorce brought by Mrs. Furness against her hus-
band in his lifetime in which the allegation fire.
Quently met with. 3
In charging the jury Chief Justice Curtis. conclud
ing his remarks, said d-"if you come TO the conclu
sion that there misstateneut in the appiica-
tion and practice on the part of Mr.. Furness OF
perncious habits tending to shorten life. and IL you
conclude that the death of Mr.. Furness caused
by inadvertance or accident in opening his window
on the morning Of his death, then you will
give verdict for the plaintiff. But if
you are satisfied that there was breach
on the part OF the assured in these conditions.
If the defendants have established a defence upon
any one OF these points, your verdict will be in
favor OF the defendants" The Court then ordered
scaled verdict. which rendered yesterday morn
ing in favor OF the plaintiff for 74 ~, being the
full amount claimed with interest.