Page:Federal Reporter, 1st Series, Volume 6.djvu/684

 672 FBDEBAL BEFOBTKB. �ScHDLTZ V. Mutual Life Ins. Co. of New Tobk.* {Circuit Cowt, 8. D. Nm York. March, 1881.) �1. Life Inbubancb— Application— Statbmbnts ahd Declarations. �A life insurance policy provided that it was issued and accepted upon the ezpresa condition and agreement that '< if any of the state- ments and declarations made in the application, * * * sball be found in any respect untrue," it sbould be void. �Held, that ail statements and declarations in the application, Trliether material or not, must be true. �2. Bamb— Sahe — Samb. �Hdd, further, that such declarations include promises or agree- ments witb regard to the future existence of facts, as weU as tbose existing at the time. 8. Same— Pbomissoet Wabhantt. �In the application the insured declared that be " will not practico any pemioious habit that obviously tends to sborten life." �Hela, that tbis was a promissory warranty, whose breach wonld work a forfaiture, and evidence to prove sucb breach was admissible. 4. Samb — Pernicious Habit. �'i'be excessive use of alcobolic liquors is a pernicious habit that obviously tends to shorten life. �The policy was upon the life of Johannes Schultz, for the benefit of his wife. The application, whioh was made a war- ranty and the basis of the insurance, contained the following provision : "And the said person whose life is proposed for insurance further declares that he is not now afflicted with any disease or disorder, and that he does not now, nor will he, practice any pernicious habit that obviously tends to shorten life." It was claimed by the defendant that the pol- icy had become void through the violation of this provision. In support of this claim evidence of a former employer was introduced that insured became unable to satisfactorily per- form his duties as book-keeper, and was consequently dis- charged, on account of his acc[uiring habits of excessive drinking. Testimony taken under a commission in Germany was also introduced, to show that after his return to that country, where he resided during the last five years of his life, the insured was grossly intemperate. According to the �♦Insurance Law Journal. ��� �