The World Mut. Life Ins. Co. of N.Y. v. Schultz

• Decision Date: 30 September 1874
• Citation: The World Mut. Life Ins. Co. of N.Y. v. Schultz, 73 Ill. 586, 1874 WL 9048 (Ill. 1874)
• Parties: THE WORLD MUTUAL LIFE INS. Co. OF NEW YORKv.CAROLINE SCHULTZ, Guardian, etc.
• Court: Illinois Supreme Court

73 Ill. 586

1874 WL 9048 (Ill.)

THE WORLD MUTUAL LIFE INS. Co. OF NEW YORK

v.CAROLINE SCHULTZ, Guardian, etc.

Supreme Court of Illinois.

September Term, 1874.

OPINION TEXT STARTS HERE

APPEAL from the Superior Court of Cook county; the Hon. JOSEPH E. GARY, Judge, presiding.

Messrs. WILLIAMS & THOMPSON, for the appellants.

Messrs. MCCLELLAN & HODGES, for the appellee.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

This was an action brought by Caroline Schultz, guardian of Frederick Schultz, against The World Mutual Life Insurance Company, of New York, to recover the amount of a policy of insurance upon the life of Christian Schultz, for the benefit of his son Frederick, issued on the 16th day of December, 1872. The plaintiff recovered in the court below, and the defendant appealed.

The point is made by appellant, that the policy was vitiated by reason of false representations made by the said Christian Schultz.

It is virtually conceded by the appellee, that the statements and declarations made by Christian Schultz, contained in his written application for the insurance, being made by the express terms of the policy a part of it, are in the nature of warranties of the facts stated; but it is denied that the evidence establishes any falsity in the statements.

The warranties claimed by appellant as having been broken, arise out of the 14th, 18th and 26th interrogatories in the application, and the answers of the insured thereto, which are as follows:

“13. Is the party subject to dyspepsia, dysentery, or diarrhœa?'DDD'

Ans. “None.”

“18. Is the party now afflicted with any disease or disorder of any kind, and if so, what?”

Ans. “None.”

“26. Has the party employed or consulted, individually, any physician? Please answer this, yes or no. When yes, give name or names and residence.”

Ans. “None.” Christian Schultz died on the 25th day of January, 1873. The only testimony of any witness having any personal knowledge on the subject, tending in disproof of the truth of any of the statements and declarations, was that of Doctor Degaller, the substance whereof was, that he attended the insured in his last sickness, and that the cause of his death was severe intermittent fever; that he had known the insured for two years; that his constitution was not a very healthy one according to the witness' opinion; that there was nothing particular the matter; that he didn't look well and blooming, but looked rather thin, as many men will who have to work hard and use more or less poor food; that sometime, from six months to a year and a half before his death, he had a large abscess under his arm, at which time he was confined to his bed for about a week, and witness visited him four or five times; there was a good deal of discharge from the abscess; that such abscesses he could not say indicated anything with regard to the general constitution; that they may befall the healthiest constitution; may arise from taking cold. The witness says, too, “that at that time the insured was suffering, like many people, from some degree of dyspepsia.” Two other physicians gave it as their opinion, from the symptoms detailed by Doctor Degaller, in his testimony, that the insured did not die of intermittent fever, but from pyæmia, blood poison, caused by the absorption of...