Bacon v. New England Order of Protection

Citations

• 123 F. 152
• 1903 U.S. App. LEXIS 4885

Syllabus

<p>1. Life Insurance — Temperate Habits—Use of Alcoholic Stimulants— Misrepresentation—Sufficiency of Evidence.</p> <p>An applicant for life insurance stated that he was temperate in habits, and answered the question, “Do you use alcoholic stimulants,” “No.” The evidence showed that he had drunk intoxicating liquors to excess at intervals from his youth, and that he had been in the medical examiner’s hospital for treatment for inebriety. The medical examiner testified that the applicant had promised to reform, and he thought he had done so, and wrote the answers to the questions for him. A nurse at the hospital testified to his drinking twice about that time. Eeld, that as the representation and answer to the question referred to the present time, a finding that there was no misrepresentation was sustained by the evidence;</p> <p>2. Same—Intoxication—What Constitutes.</p> <p>An applicant for life insurance answered the question, “Were you ever intoxicated,” “No.” Many witnesses testified to his having been hilarious and noisy, and walking with difficulty from drinking, and to fast driving and inability to sit up straight when driving, though the witnesses had never seen him when he could not drive. Some witnesses testified to his acting as if crazy with liquor at times, and a physician swore to finding him in a state of acute alcoholism when examining him for commitment to a retreat. Eeld, that a finding that there was no misrepresentation was sustained by the evidence.</p>