Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-12
SUPREME COURT DECISIONS
Several Decisions In Important Cases Are
Handed Down BY the Supreme Court
Insurance Case Decided.

cier and a third person, who agreed to
reimburse the fnancier for such pay
ments. Held, that the insured had not
forfeited his insurance although the
third person did not in fact reimburse
the f1nancier for such payments until
after the death of the insured.
4. Testimony of persons who, by
their association with the insured, had
an opportunity to observe his habits,
that they had seldom or never seen
him drink or appear to be under the
influence Of liquor, was competent to
show that he was not an habitual or,
immoderate drinker.
s. Declarations of a sick or injured
person as to the nature, symptoms and
effects OF the disease or injury under
which he is suffering at the time,
are competent evidence in an action
wherein the nature and cause of the
malady are in question.
6. Voluntary and spontaneous de-
clarations Of the deceased to those in
attendance upon him aus to the cause
of his illness, due to poison, from
which he was then suffering and soon
died, are admissible in evidence as
part Of the res gestae, where the cir
cumstances are such as to preclude the
idea Of pnem Citation or any motive
for classifying.
Z. Evidence examined and held to
sustain the finding of the jury that
the death of the insured was not caus-
ed by Indulgence in Intoxicating liquor.
Appeal from the district court of
Nelson county; Charles J. Fisk, Judge.
John Carmody, Erred A. Kelley and
G.. A. Bangs, of counsel), for appellant.
Erich & Kelly, for respondent.
Affirmed.
Opinion by Engerud, j.
This was an action to recover upon
a beneficiary certificate, or policy of
insurance, issued by defendant to
plaintiffs husband, Barney Pulls, and
payable to plaintiff upon the death of
her husband. The trial resulted in a
verdict for plaintiff. Defendant ap-
pealed from the Judgment entered on
| the verdict.
In the case of James Moore, executor
of the last will of Donald McFadgen,
deceased, respondent, VS.. Herbert
| Weston and Phebe e. A, Weston. ap-
pellants:
The syllabus is as follows:
8 l. Upon the back of a promissory
note payable on demand there was
written an unsigned memorandum to
the effect that if the note was not paid
in full before the payee's death the
makers should expend the amount due
on the note for payee's funeral ex-
penses, and for a monument, and for
caring for the lot in which he was
buried. Held, that the terms of the
memorandum under the facts of this
case do not constitute a defense to the
note, although complied with after the
payee's death, as such memorandum
was a testamentary disposition of
property and invalid unless made by
will.
| 2. The defendants we're to be made
the agents OF the payee of the note to
carry out the provisions of the memor.
andTm after his death, but such agency
never became operative as death ter.
minated the authority which purported
4 to create 1t,
1 Appeal from the district court of
Barnes county; w. H. Winchester
judge, sitting by request.
Young & Wright, for appellants.
Winterer & Winterer, for respond.
emit. 4: .&t:E ~ 4 H.
Opinion by Morgan. G. J.
Affirmed. s5as .E