New-York tribune., 1879-10-15
DRINK as AFFECTIEG INSURANCE.

| A CLAIM AGAINST THE MUTUAL SUSTAINED.
VERDICT FOR THE PLAINTIFF IN THE FuRNiss CASE.
The suit of Mrs. Lonisa NJ. Furniss against
the Mntnal life Insurance Company OF Ncw-fork to
recover the value 81 900 policy the life OF her
husband Icon Furliss concluded yesterday with
verdict for the plaintiff The srlt considered one OF
great importance It involved The question OF
the extent which habits OF drinking alcoholic liquors
coud be carried without vt,ang llfo Insurance pol
icy. The trial has been conducted for nearly werk
before Chief Judge Curtis I'm the Superior Court John f.
Parsons being the leading counsel for the plantB, ana
ex-Tudge Fullerton for the defendant company The
summing mp OF these lawyers, which occupied nearly
the entire day Monday, listened 10 by a crowd
whlch filled the courtroom. The policy was taken out
by Leon Furnss in September 1874 In an6wer to the
question whether he Of temperate habits his response
in writing was d" Yes drink at times" The examining
surgeon OF the company reported him a good risk.
The policy contained the usual clause that II would be
void by suicide. In July, 1871 Mr.. Furniss was
found dying in his bedroom, shot In the breast by
pistol wch lay at his eide. The company made three
defences to the demand for the payment Of the policy
First suiede second that the grossly ntemperate bab-
is of Mr.. Furnss tended 10 shorten hs e, and were
therefore violation of the terms Of the policy contract;
third that Mr.. Furnss's statement that nc was teni-
pcrate man taton that voIdcd the pol
cy The second the defence especially relied upon.
Mr.. Parsons IN summing up. claimed that Mr.. furnss
died by the accidental discharge OF his pistol He had
been disturbed the preceding day by the stealing of
OF his dogs and had threatened 20 shoot detected
In such % crime. On the morning Of his death he
heard to call for his coaeman, and FOR the chamber
maid. lie had then gone 10 the window apparently
with the OF the stealing Of the dogs in his mind.
and after hc had opened the shutters and while he
leaning out oi the window, the pistol discharged.
shooting him III the side Mr. Parsons said that the III
Temperance OF Mr. Furnss was not of the extreme
character asserted by the company. He drank strong
liquors occasionally, hut that his drinking tended 20
sroren Ills life Mr. Parsons claimed disprovef y
the evidence of a competent physician who knew Ar
Furnss. ana declared that he was = strong. Vigorous
man. with firm nerves and will and VINO testified mat
moderate drinking wa, pen hciai 20 nriitn l"e SNI-
denCe of OF the coinpaiFs ph} s"hns mar hNf rO-
hoc drink. in however small qu. es, tended shotn
Nj Parsons commented severely upon Mr. Fnlcrtons
professional conoun' In usng this trial conideDull
communications" mad' 10 him by Mrs tu'nlss III suit
for divorce IN when ne was her couns"' lhis st was
based charges OF haDitial drlukeune-s and cruel
treatment the part OF Mr.. Furniss and The papers in
n mad formed nn important part VI the denuants t's-
tiInony The difficulty Ot getting Possession Oi these
noon Mr Parsons. He said Mr. Parsons. knowing that
the papers under Ills nose Oh The table had de
cln red that he did not know where iley were When
at last Mr.. Fullerton charged " ial~ehvOd upon Mf.
parsons scene Was threatened. Mr.. Parsons sand that
his oppuhrnts words were mol true; that he ciu not
know papers were IN court Ic zap o. me Judges
,yel could not seDcv he 40; words of counsel
Nr Fullerton hurled the dst s1oi " iOu may how
take win out u court what satac ION you can for
iIl,rr charged nnprofrs s.onal cunGuct npun me-"
Tn his argument Mr. Fullerton said that nisrcp
resentann contend that the Muiua. Insurance Com
nauy would Tcrnit - puicN-h"h,r~ The moderate
and teuDrlate Of alcoholic diluks. Inc accepnnCc
al a,r Flrniss when he decllr'd that he drank at
times." Was 'uficicnt contrH',iI"h oi ths but .r'
Fn1..s was moi q moderate oriukcr. lne effect OF m-
habits were shown by inc divorce papers, IN which %"
,,.,nf,G mad Il, ,cisred possible
i,,. ,yiti "A nan hO had Jrc0mc "hahitual dTunk-
ard" snhunau IN nis cn iuct OWaid her whom hr
Ia once loved His constitution became snatt tre ms
nerves ms rung, and his mind scll Affected. The
dti0ns OF bc policy contract "hich the company NAT
"a rtrlf 10 make. and which he nHd accepted had been
violated and the dtf f.udGnt oug' not m Justice 10 IT'S
othar policy noldei-. 90 he made 10 pay ihc demand.
JunEc curtis, IN charging tie Jurors sIld that II they
cnn IL the conclusion that there was 10 nj i.sat ment
I'm fb, application and practice On the part OF Nh.
Furiss oi pernicOs hgDits tending 10 shl rfen life; ana
n tuev concluded that the death 90 Nj turniss was
cnused by inaiYrrtsnCe accidcnt IN opening his III
Gov upon inc mOrEing OF hs death, then they shund
sive n v.riict for the plantfn lOr Sll.474 22-the
nulcu-f of The policy with interest. But " hey
satisfied that hc defendant had established deieDce
upou y Cf these IOiLi- th.r Vcldict should pc Tor
tnr defendant. Tie iuiv Cui lr Wr,n three snd
,our hnuls pd returned with yc.t e Tor the pidnh
for lle full .AOant cined. Al appeal wlu Dc taKei