Savannah morning news. [volume] (Savannah) 1868-1887, 1886-10-19
DWIGHT INSURANCE CASES
~ew Trial Granted the Germania
Life Company.


N,.,, Wong Oct, I6.--In November,
lss3 Col. Walton Dwight, OF Bingnam-
..n Y. died suddenly and from no
onnorept cause. save probably heart dls-
10 He WAS a large, healthy appearing
.,on In the prime OF life, and his sudden
mise took the town by surprise. A lew
ars later II was found, upon the PROBATE
uS{ . will that his life had been insured
VI Vast sum of money ranging between
t5oo oOO and $750,080. Dwight was
roaI estate speculatoT, had Oeen
Mayor of the town aud was lts most
monument and popular man. Az tne
si,oa of his death he was, AS. was AFTER
nard shown, bankrupt. BY a strange
1ncidence he died the day before the
orions nremiums in the companies he
va tnsnred fell due. These companies
COMPRISED, among others, the Equltaole,
Eow York Life, Homeopathic Lie, State
Wrt,al of Worcester and Germania Life.
~ of the companies refused to pay save
a. Eouitsble. Tor the reason that III was
snnnosed he had committed SUICIDE Ihe
ynuitable settled polcy lOf $Zo,VVu.
T6e rest pooled their issues and stood Dy
the GermanIa Life, against when tesG
suit was brought by the nehs VI D"is ~
'u Eminent doctors from all parts OF the
s,ato wore subDmnaed as witnesses Tor
si,her aide. Drs. Swinburne and Porter,
% Albany. and DIR. Austin Flint. OF this
citv favored the theory OF suicide. Df.
sUi1 hurne swore stoutly that Dwight
committed suicide by hanging, ana RED
N,ark ON the back OF his neck Indicated
such death. The plaintiffs endeavOred
IN nroye that the red mark was mace oy
restIne Dwight's neck on wooden plock
after ne was dead. The public interest
manifested in the case was uh-
nracadentad. The whole town
Of Binghamton was up !" ans
against Inc insurance companies. Dwight
in his will had left legacies to almost
avarv nublic man in the town and many
cbaritabIe beauests. So high did the feel
inc RIM that change OF venue was OBJ
toined and the Gaze tried in Norwich, In
thn adjoining county of Chenango. But
that nroyed of no avail. Public opinion
seemed to be against the companies, and,
after a prOtracted trial, the jury brought
in A verdict for the plaintiffs for the tuli
amount. with costs, which were In the
neighborhOod of $4,000. The jury mad
been out SIX days before coming TO that
decision.
The late Henry Smith, Of Albany, and
is. Newton, of Norwich, tried the case
for the plaintiffs, and Collector Daniel
Magone. ex-Gov. Chamberlain and ex-
Attorney General Russell for the COM
panies, Many Of the companies made
settlements upon this decision, thinking
it futile to hight further. The Germania
Life took the case to the Court of Appeals,
Hon. William NJ. Evarts and Joseph b.
Larocque being retained in addition to
the other counsel to assist in perfectlng
the appeal. The principal grounds
on which the appeal rested were
hat Dwight had deceived the
company as to the state of
bis nealth when ne insured, it being
proven that his lungs We're affected and
be had stated that they were perfectly
sound, and that he had at one time en-
gagged in the manufacture and sale OF in
toxicating liquors and drank heavily,
whereas in one certificate ne averred that
he had never done 50. The Court Of APP
peals evidently believes the appeal we'll
founded, for on Tuesday it reversed the
decision Of the lower court and ordered
new trial. 1t is the opinion OF eminent
Lawyers that the other companies cannot
win an appeal, as they had no such specl-
fed conditions as are contained in the
Germania Lite.