Year: 1873

In a case recently tried in Ohio the or habitual intemperance go to the in- validation of life insurance policies came up. The case came up upon g writ of error from an inferior court on the claim that the verdict, which was against the Mutual Benefit Life Insur- ance Company for the amount of the policy, was against evidence. One of the stipulstions in the policy was that eff the insured should die by reason of intemperance from the use of intexi- eating liquors, the policy should be void and of no effect" Another stiPu- lation was that "if any of the aeclara- tions signed by the insured in his ap- pication should be found in any respect untrue, the policy should be null and void; :" in which case all previous pay ments paid thereon and all profits should be forfeited to the company. The policy was dated in May, 1868, and the insured died in January, 1869. The physicians certificate attributed death to congestion of the brain, the general symptom of which was great prostra- tion of the nervous system, caused by cold and derangement of the excretory organs and over-stimulatlon: The de- fence was that the insured, at the time of effecting the insurance and until his death, was addicted to intemperance, and died from the excessive use of in- toxicating liquors.

 In the course of the trial the follow ing easily recognized definitions and divisions into classes of the victims of drink were brought out:

 "TRose who use intoxicating liquors at all may be divided into three classes. The first drink sometimes and upon oc- casions as it were more by accident than otherwise, but in 50 exceptional man. ner that no one can say they have my habit in regard to such use. They can stop at any time, even taking the glass from their lips in the midst of the feast Whether such drinking injures the health of those who indulge to this ex- tent no one can tell with certainty. It is obvious this class would not be em- braoed in the terms of the policy.

 "A second class acquire constant appetite for the use of intoxicating liquors, and regular habit of using them, SO that the whole system is kept under the immediate influence of alco- holic stimulants. This class would be within the prohibition of this policy.

 "A third class acquire constitution ally nervous appetite for alcoholic liquors that really amounts to disease. Such persons may remain sober for a month, three or six months, or even a year at 8 time, and refuse to taste any intoxicating drink, and then go upon what is called spree of great in tensity, and lasting for a longer or a shorter period, usually until prostration and sickness, and often delirium, com pei cessation, and terminate the spree. When beginning or in the midst of such periodical debauch no earthly considera- tion or persuasion ,can arrest the course of the subject, or induce him to stop drinking. In this he is strikingly diff | ferent from the first class referred to.

 "There are two varieties of spreers. The one is boisterous and seen every where the other, conscious of bis self degredation and disgrace, hides himself from observation, so as not to be seen and have hiscondition and habit known, and few, except his family and intimate acquaintances, may know or suspect him."

 The Court was satisfied from the evi- dence that the insured, though an honest and efficient business man, was "spreer" at the time that he effected this insurance, and continually up to the time of his death, which no doubt was caused by heavy spree. Upon this finding the Court held that the yer dict against the company was against evidence, and the judgment was re- versed.