Page:Federal Reporter, 1st Series, Volume 8.djvu/192

178 FEDERAL REPORTER.. �by the said Christopher that he was sober, and had never been sick, and had never had spitting of blood, or any of the other diseases mentioned in the said statements< �The bill further alleges that the complainant resisted the payment of the said policies, after the death of the insured, because it had reason to suspect that before and at the time of obtaining the arst policies the said Trefz was an habituai drunkard, and had procured the policies by false statements, and had continued to be a drunkard after the later policies were issued, and that he brought about his death by the habituai use of intoxicating drinks; that in preparing for the trial of the case at law.it made every effort to obtain proof of these facts, but without success, so far as the matter of intoxication was concerned, but learned that he had been afflicted with sun-stroke, which he had concealed in obtaining the later policies, and that on the trial the complainant was obligedto abandon the detence of death by the habituai use of intoxicating drinks, and rely only on showing that the contracts were void by reason of the untruth of the state- caent of the insured that he was never sick, in which defence it was unsuccessful. �The bill then states that during the spring of 1880 complainant ascertained, on what is believed to be abundant proof, that the said Christopher, for a long time prior to 1873, when he obtained the liew policies, had been a eonfirmed and habituai drunkard, and hadgreatiy impaired his health by gross habits of intoxication, which rendered him liable to the sun-stroke, the eoncealment of which was the ground of defence urged in said trial; that the defendant, when the policies were renewed in her favor, well knew the physical situation and habits of her husband, and that the policies were obtained by the fraudulent eoncealment thereof; that the said habits of intoxir cation continued and increased coustautly after the re-issue of the said polices, and caused the death of the insured during the year 1876 ; that he was in the eonstant habit of being drunk day by day, and became subjeot to delvrium tremens, which rendered. him very violent in his family, and rapidly undermined hie health, and speed* ily caused his death; that the said defendant and the members of bis household were perfectly aware of his condition, but expecting to obtain the ainouiit of the policies from the complainant upon his antieipated death, sho took pains to conceal his condition from the public, and especially from thei agents of the complainant, who, as' ehe knew, were making strenuous efforts to obtain proof of the facts which were suspected, but not actually known, in order that they ��� �