New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-20

zion IN THE RUSK sUIT-SoME FAMOUS
.r1sroRrcA1 cAsEs-sToRY OF THE DIS
APPEARANCE OR DEATH OF COLO
MEL DwIGHT--A HUNGARIAN
pARoS's STRANGE END.
$40 Supreme Court as appeared In the wash
49,, DISPATCHES OF The Tribune. on NcnoaY
..,se1 down an opinion that the heirs o, person
- >on,,ri;s suicide when In sound mind cannot
ovo- on an insurance policy. The case In which
,his decision was given IS what Is Known among
,,sn-ance people as 'The Runk case
vv,uau NJ Runk was wei-known merchant m
philadelphia and an income o. ssSN year
s carving insurance 10 the amount OF some
,oonrN A short while before his death he Increased
,o,s nv .2s oo which ne was enabled 10 60 'h'ous''
49, n,eh business and social and religious standing
~. ,,-,e although Il brought out az the
-, ,hs. ne was then and had been FOR several
.a~s an ernSezz,er. On the morning OF MS oe"th
w. Runk sent his check 70 pay ior premium On
. ,o,,cv then due He spent the afternoon IN WITT
d. s,x letters four OF which were USED IN Inc
.-,al and in the evening after supper went 10 MS
ia and shot himself These ,our letters re-
-, - his intention 70 Kill himself. and la.t
,..-o,s directions as 10 the disposal OF MS insu.
ar-e money which made up MS eh'lfe es'3'e' ~
,As disputed policies were issued WITHIN '"e '"S'
vo,- o. Nj Runk's life. and contained d 0i""s
:, tho an,icaton FOR Insurance rendering them Voic
=, - -. "sA'>-dest-,cton sane or insane, Wl,h!n
, ~. from the date OF issuance OF the policy
The law OF Pennsylvania requires copy o. the
snplca:ion 70 be attached 70 or made part o. me
noli-es and unless 90 attached 10 eNiue'Ce can "
offered as 70 It's contents. No Applications "eIe a.
.o.h.s - NJ Runk's policies. and this had me
80 -. ,-,.irr tho case squarely the policy WITH
~, .nv suicide clause and the question came up
FOR decision clearly as 10 whether or no' su'''u'
~ q sane man vas not o. iisel: fraud on me
Insurer on this account the decision IS 4o0Ned
,non as 70 more important nature and HK"1y 10
he .r-.ho- reaching in is effect than = 1t had been
s,,,,lv tried on the TWO years limit cause II IS
no,si5o-el POSSIBLE that fl America for The future
- =. has bee, 20 some time in Germany and Eng
land II Will ne contrary 70 the law 10 pay suoh Il
rolicv o. the ground that i is contrary 10 puoAc
policy The opinion Of leading lie insurance people
on ne decision IS therefore Interesting.
OPINION OF G c. WHITNEY.
\. TIE Nev-York Life the reporter was referred
4 ne secretary Of ne company INJURIES - "'''
ney who sad:
The question docs not interest our company. as
or policies are made incontestabie from the time
OF issue and never make contest. no matter
what may ne the manner Of death have not
examined ire matter closely or looked into the
question as 10 whether or not the decision OF the
Supreme Court may have the effect Of rendering
policies IN similar 70 the Runk case voio
as against public policy; but IN my opinion It VIII
not IN cases where the policies are similar 70
. ours"
-@ " z Johnson mor,uary register ot me Equta-
Bile Life Assurance Society. thought tho decision
would be beneficial 70 Insurance companies IN gen
eraL and then Wen, 10 say:
Il know Of no State which has laws touching
on the question OF suicide invaldatlng Insurance.
There certainly none In this State. and tbs
decision is probably therefore precedent. In
Years gone by W. didn't pay on policies issued 70
suicides but about ten years ago We decided 20
change orr rule in this direction. and since that
time we have made them incontestable after one
year our idea is that # intends
committing suicide fOr the purpose Of giving his
heirs his Insurance MONEY. years contemplation
vii cause him - foreGo his intention am IN
sufficiently versed In tho law 20 give opinion
as 10 whether not this decision VIII render such
policies void IN future. contrary 10 public
policy Il has been long held by the courts that
suicide IS q valid defence 20 paying p policy, but
after one year we never contest the matter This
decision calls 20 mind similar % the past
that created great excitement az the time they oc-
Cured For instance. the Colvocoresses case in
1872 the Dwight in 1873. and the recent Baker
see.y case in which the Shoe and Leather Bank
lost large OF money. were all absorbingy
Interesting"
Edward Lyman Short head OF the legal DEPART
nent OF the Mutual LIE. particularly inter-
ested in the matter SIS It was his company that
was defendant IN the suit and in speaking % (,
he said: Mos. policies have an express contract
providing that the amount shall no. be paid IN
case Of suicide within limited period OF time gen
orally from one two years from the issuance %
the policy Ours IS year. Some companies.
however issue policies which are inccn:estab.e
from the time Of delivery. and the question may
arise under Justice Haran's decision whether or
not ne ho,rs can recover ~ the suicide was O,
sound mind even II there should be an neon
testable clause on :he broad ground that It is
against public policy 20 allow n company TO insure
against suicide by a man. Should this prove
20 be the result. o, tho decision do believe 4
Will prove 70 be against the interest Of the in
surance companies as has been suggested. ac-
count OF diminishing the amount OF insurance taken
out because the majority OF take Insurance
with the idea that II vii! protect them against sui
eide when insane and relatively few men take out
insurance for the purpose Of benentng their
tates by committing suicide when IN sound mind.
Fraud is IN the minority IN this world
L F. Ware a prominent attorney OF Topeka,
Kan who had been listening 10 Mr.. Short with
great interest said: In my twenty-five years
pereace as lawyer. during which time have
had much 10 90 with insurance. never personally
came in contact with a case similar 10 the Runk
case One Of the Oldest OF this kind Was
tina, o. William Calender at York. Penn, and the
case OF tie Hungarian baron. Be!a Olnyi, Is espe-
c.s!ly curious
THE DWIGHT CASE.
The Dwight case referred to by Mr.. Johnson is
one OF the most interesting. and the time It
occurred attracted w!despreed attention
Colonel Walton Dwight. who was prominent,
locally, lived at Binghamton. y. Y. where ne
but, hotel, named after himself surrounded by
nrty cottages This hotel was the finest that had
ever been erected IN O small town In this State.
and soon attained wide reputation. Dwight was
colonel Of q regiment from his part OF the State
curiny TIE war. He magnificent look
.Hg man s.andng six feet three inches tan. ana
was built IN proportion According 70 h.s own
sworn statement, ne owed $4,000. and besides nav
ing squandered his wife's fortune he had involved
n M q
Dwight Instituted bankruptcy proceedings iOI ms
relief and discharged from them on 10
veuber C. lust nine days before hls ceatA. FROM
the last Of the preceding July ne mad Oeen Apply,
ing 70 different companies for life insurance ana