The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-07-11
HART INSURANCE CASE
Supreme Court hGlds That Suicide
Readers Policy Void.

The suicide of Ozro Z. Hart and the
shooting down Of his wife in cold blood
on Main street in this city on June 81,
1896, caused thrill of horror throughout
the entire city. Hart was a Sedgwick
county boy, his people residing in Grant
township. The memory of the tragedy
will be recalled by a decision of the su-
preme court, just handed down, in which
the aged mother and his Ettle son, who
were beneficiaries of two life insurance
policies on the life of the suicide are left
out in the cold. the supreme court holding
that the policies were VOID on account OF
the act of suicide.
Messrs. Bentley e Hatfield, attorneys
for the insurance companies, received the
following letter yesterday from the clerk
of the supreme court:
office of the Clerk Of the Supreme
Court, Topeka, Kan, July s, 1892
''Messrs. Bentley & Hatfield, Wichita.
'Gentlemen-The cases Of Hart, plain
tiff in error, versus the Modern Wood
men Of America, and the same plaintiff in
error versus the Knights of the Macabees
is this day decided. and judgment of the
district court affirmed. Very respectfully,
JOHN MARTIN,
"Clerk Of the Supeme Court"
On the 18th day Of May, 1896, Ozro E.
Hart made his application to the Se1g-
wick City Tent, No. s, of the knights Of
the Maccabees of the World, for a benz
ficiary certificate, in the sum OF 5000,
payable at his death, to Everett Lynn
Hart, his son, and on the 18th day Of
TtNn ha o.
certificate.
On the 1st day of June, 1896, Hart made
application to the Sedgwick Camp, No.
22O4, of the Modern woodmen Of America
for a beneficiary certificate, IN the sum
of $1,000. payable at his death to Ruth
America Hart, his mother. On the 5th
day OF June, 1885, the said beneficiary GER
tificate was issued to him.
On the 21st day of June. 1896, two weeks
after taking out these certificates Hart
came to Wichita, where he discovered the
infidelity of his wife, and her Illicit con-
nection with one Pitt. and then and there
shot and killed his wife, and then turned
the pistol on himself and shot and killed
himself.
After the suicide suit was brought by
Harris representatives on the benefit GER
tificates in the district court Of Sedgwick
county, Messrs. Amidon & Comfy repre-
senting the plaintiffs and Bentley & Hat
field the defendants. The attorneys agreed
upon the facts, put them in writing and
submitted the cases thereon with the law,
which was most deliberately presented to
Judge Dale. There was a clause in each
policy which stipulated that the same
should be void II the insured died by his
own hand whether sane or insane within
one year from the date of its issue. There
was but one proposition in the cases,
and that was: May a fraternai beneficiary
society lawfully stipulate against liability
on the death of one of its members, by
his own hands, or by suicide, whether
sane or insane?
And upon this issue Joined the case was
tried IN Judge Dale's court There are
two theories of suicide in life insurance
cases. One is the Massachusetts theory.
which holds that suicide is a disease, like
any other malady. and the other is the
New York theory, which holds that a
man may contract against insanity the
same as that he will not go upon the
high seas or engage in business extra
hazardous. for the reason that he Is sane
when he makes his contract and that he
Is bound by his contract. The federal
courts and the supreme court of the
United States have adopted the New York
theory.
The question : new one In the juris-
prudence OF this state. but Il seems that
Kansas also falls in line with the federal
courts and also the supreme court Of the
United States on the question Of life in
surance in cases Of suicide. The decisions
are Of great interest to insurance COM
panies. and especially so to the Modern
Woocmen OF America and the knights
OF the Maccabees.