Connecticut Mutual Life Insurance v. Ellis

The policy declared on was issued by the Connecticut Mutual Life Insurance Company, insuring the life of Milton T. Hamilton, since deceased. It contained a proviso, that in case the assured “shall become so far intemperate as to impair his health or induce delirium, tremens, * * * this policy shall be void and of no effect.” The pleas filed to the declaration were, 1st, general issue, 2d, a violation of a condition of the policy, by becoming so far intemperate as to impair the health of the assured, and 3d, a violation of'a condition of the policy by becoming so. far intemperate as to induce…