The Life Ass'n Of Am. v. Waller

• Decision Date: 31 July 1876
• Citation: 57 Ga. 533
• Parties: The Life Association of America, plaintiff in error. v. Susannah M. Waller, defendant in error.
• Court: Georgia Supreme Court

57 Ga. 533

The Life Association of America, plaintiff in error. v. Susannah M. Waller, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, July Term, 1876.)

Insurance. Suicide. Contracts. Before Judge Tompkins. Chatham Superior Court. February Term, 1876.

Mrs. Waller sued out an attachment against the Life Association of America, based on a policy of insurance on the life of her husband, A. R. Waller.

On the trial, the evidence made, in brief, the following case:

Waller's life was insured by defendant, for the benefit of his wife or other legal holder of the policy, in the sum of $5,000 00. One of the conditions of the policy was that "if the insured shall die by suicide during the continuance of this policy, said Life Association will pay to the legal holder of this policy its net present value at the date of such death, as computed by the American Experience Table of Mortality, and four and one-half per cent, interest." On May 31st, 1875, he died by his own hand, shooting himself in the head with a pistol. In the opinion of witnesses, who knew him well and saw him frequently just before his death, he was insane at that time. The evidences of insanity were numerous; he was alternately melancholy, excited and abstracted; would interrupt conversations by complaints of his troubles, his failure in planting and his disgrace, though, in fact, his planting was generally successful, his financial condition prosperous, and his social and business relations pleasant. Sometimes he seemed unconscious of the presence of others. He frequently said that he was in great pain and could not live long. Two or three weeks before his death, he sent for a friend, stated his expectation of death, and asked that the latter would assist his wife in winding up his affairs, though he seemed in no danger. In the course of the conversation, *he said that he had dyspepsia, but the real trouble was "here, " (touching his head) and that there was something wrong on his mind; afterwards he burst into tears without apparent cause. Twice in conversation, when the subject of self destruction was mentioned, he expressed his abhorrence of it; one of these conversations was within an hour of his death. From Saturday, May 29th, to Monday the 31st, he seemed much disturbed, scarcely ate or slept, was very restless and melancholy. On Saturday night he became frightened by a note which he had received from his employer in regard to one of the plantations which he was managing, had his buggy brought out, and in company with a friend started at a furious pace to the plantation. On the road he changed his mind, and returned home with equal speed. Next morning this friend and another (both being at Waller's house) were discussing the state of his mind and the necessity of having him watched, when he came into the room, and dropped into a chair, saying, "My God! I cannot stand this thing; it will kill me." Soon after, in company with one of these parties, he drove to the plantation several miles distant, making an appointment to meet the other the same evening. On the road he expressed to his companion the belief that it would be his last ride. The latter said that he saw no reason why it should be so, unless Waller died by his own hand. He thereupon said that would never be. In less than an hour after, they arrived at the plantation; Waller lay down on a bed; his companion left him for a moment, heard a pistol-shot, returned and found Waller with a pistol in his hand, and shot through the head. His physician testified that he was subject to malarial fever and dyspepsia, and that the latter disease may produce insanity.

Evidence was also introduced to show that the net value of the policy, computed by the American Experience Table, was $109 62.

The jury found for the plaintiff $5,000 00. Defendant moved for a new trial on the following, among other grounds:

1st. Because the verdict was contrary to law and evidence.

*2d. Because the court admitted evidence of Waller's insanity.

3d. Because the court charged that "if the jury find from the evidence that A. R. Waller died by his own hand while in a fit of insanity, they must find for the plaintiff in the amount of the policy."

The motion was overruled, and defendant excepted.

Jackson, Lawton & Bassinger, for plaintiff in error.

West & Cunningham, for defendant.

BLECKLEY, Judge.

The Code (section 2822) and the contract alike declare that suicide shall make the policy void. What is suicide? The meaning of a word depends less upon a derivation than upon usage. The former indicates what, according to sound scholarship, the word ought to mean, but the latter determines more directly what it does mean. A word may be more comprehensive or less comprehensive than the term or terms from which it was derived. It may drop attributes which they included, or grasp some which they did not include. Again, many words are used, sometimes in a proper, and at other times in an improper sense, both of them well sanctioned by custom. Thus, we say that an idiot cannot make a will; and that...