The Minneapolis journal., 1904-11-19
RETRIAL FOR MRS.
THOMPSON S CASE
TRAVELLERS COMPANY SUED FOR
81 $4,000 LIFE POLICY.
Defense Is That the Deceased Was Ill
When Policy Was Delivered and That
Heirs Are Barred From Receiving
Under Certain Provisions Third
Trial Ordered
Special to The Journal.

Special to The Journal.
Bismarck, N. D., Nov. 19.-The su-
preme court has handed down an inter-
estlng decision in the case of Mrs. May
" Thompson against the Travellers In
surance su;a4 company, appealed from the dis
q suit upon a life insurance policy for
1000 held by her deceased husband,
Horace s. Thompson. On both trials
IN the district court the plaintiff won
and each time the case was appealed.
Inc insurance company resisted pay
ment Of the policy upon the ground that
not be valid unless the first premium be
paid while the insured was actually in
good health. The company present ted
evidence to show that the insured died
from a disease that was not known to
clan to the day of his death, but that it
existed when the policy was delivered,
and that therefore was invalidated.
| The supreme court directs the lower
court to vacate the order granting judg-
n1ent to the plaintiff and remands the
case for a new trial, on the ground that
preiudicial error was made in the ad.
mission Of testimony BY the plaintiff
showing that neither the company nor
its agent offered to return the premium.
The court in its syllabus makes the fol
lowing interpretations of the law gov
ernlng insurance contracts Of this char
acter: -
fWhere such a provision regarding
payment Of first premium while insured
is IN good health appears, in the alb.
sence of an estoppel the liability of
the company depends upon the actual
and and not merely. apparent health Of the
insured; in order that the acceptance
blythe company may. estop it from rely
ing upon this condition Of the policy il
must be shown that the company ha6
knowledge Of the breach Of the condi
tlon; where, pending negotiations for 6
contract OF life Insurance.. materia
change occurs in the condition. Of the
applicants health, such as would in
hucnce the. judgment of the insurer, thu
applicant is under obligation to make
disclosure Of the fact. -
One Only Saved From the Wreck.
, Tobias Casey, Of Grafton, Walsh
, county, is destined to 90 down to his
tory as the only democrat who sur
viyed the. republican food in Nortl
Dakota. Casey was elected as demo
crat. from Grafton, defeating his re
! publican opponent for the Legislature
: bX about Forty Votes, and will have th
unique distinction. Of being the onl,
= democrat in the next house Of repre-
sentatives. He Is ansold resident of tn
9 state and is very popular in Grafton.
! Chairman Hanna, of the republican
state central committee, comes back t.
the senate from the Fargo district, hav
ing been elected by an Overwhelming
majority. He is one of the most popu
: lar young republicans in the state, an
< has served in the senate before, bu
from another district In Cass county.
: TheEonly democrats in the next ser
4 ate Will be Senators Cashel Of Walls
!; county, Plain Of Cavalier county, NJ
e Arthur Of Bottineau county, Benson Q
;; Grand Forks county, who defeated II.
Arnold in the fifth district at the /,
:; cent election. Hans O.. Hagen 9
Barnes county was elected by the r,
1, publican opposition two years ago, bu
:, will hereafter affiliate with the reput
!, licans..a ~ :..5TsE ! - r"">.A <&-G:.
:. Opposition to Claims Of cass.
' Some opposition is developing in 1es
:; favored sections to. the claims Of Cat
y county forthe speakership of the ne1
~ house. Three times has Cass had tt
0, speaker in succession, and the natur,
o. jealousy Of other districts is bein
a: aroused. :. Grand. Forks, as the ne1
= county in wealth and Importance, wan
= the 81 ggpeakership this time, and otht
!. Districts will probably be in the rat
es with candidates before the lines al
n n fnally drawn. F:4Ee -.
TO TO ;>s7ItS seems to be generally admitte
: that when the presidential electors {
the. state meet to east their ballots f,
e Roosevelt and Fairbanks, B. s. Russo
No of Jamestown, will be chosen to. tai
the returns to Washington: Russell
an octogenarian and probably the olde
3; 81 republican in the state, in point of pa
~ ty afiliation. He is active notwit
standing his years and still engrosse
Mt with business affairs. -, :
I'd Official returns from the recent ele
- tion in the state are slow, and it wi
' beTa week or more yet before the actu
T. ma ioritias are known. Roosevelt q M