Supreme Lodge Knights of Pythias of the World v. Beck

On April 5, 1895, a certificate of membership, in the amount of $3,000, was issued by the plaintiff in error to Frank E. Beck, payable on his death to his widow, Lillian H. Beck. The application for membership contained this stipulation:

'It is agreed that if death shall result by suicide, whether sane or insane, voluntary or involuntary, or it death is caused or superinduced by the use of intoxicating liquors or by the use of narcotics or opiates, or in consequence of a duel, or at the hands of justice, or in violation of or attempt to violate any criminal law, then there shall be paid only such a sum in proportion to the whole amount of the certificate as the matured life expectancy at the time of such death is to the entire expectancy at date of acceptance of the application by the board of control.' On October 31, 1896, he was killed by the discharge of a gun at the time held in his hands. After his death a coroner's jury found that he died 'by shooting himself in the head with a double-barrel shotgun, with the purpose and intent of committing suicide, while temporarily insane, due probably to the use of intoxicants. The the shooting was done in the outside water-closet of the premises now occupied by the family of C. B. Nolan, and that he threatened to kill his wife before killing himself.' Proofs of death were furnished by his widow, in which question 14 and answer were as follows: '14. Was death caused by suicide or violence or from other than natural causes? A. Suicide.'

On April 13, 1897, an action was commenced in the district court of the first judicial district of the state of Montana, in and for the county of Lewis and Clark, by his widow, to recover $3,000, the amount of the insurance. This action was removed by the defendant to the circuit court of the United States for the district of Montana. The answer set up specifically that the insured died from 'self-destruction and suicide,' and, further, 'that prior to said Beck taking his own life said Beck was attempting to and did violate the criminal laws of the state of Montana.' In the circuit court a trial was had, which resulted in a verdict and judgment for plaintiff. The judgment was taken by the defendant to the United States circuit court of appeals for the ninth circuit, and by that court affirmed May 16, 1899, 36 C. C. A. 467, 94 Fed. Rep. 751, to reverse which judgment of affirmance this writ of error was sued out.

Mr. Carlos S. Hardy for plaintiff in error.

Mr. C. B. Nolan for defendant in error.

Mr. Justice Brewer delivered the opinion of the court: