Citations
- 84 Tex. 31
Full opinion text
TARLTON, Judge,
Section B. — In March, 1890, appellee, as assignee of a life insurance policy issued by the appellant upon the life of David Goslin, brought suit against appellant in the District Court of Dallas County to recover $2500, the amount of the policy.
Among the several defenses relied upon by appellant was the plea that in the application for insurance Goslin warranted that he would not die by his own act within two years from the date of the policy, and that he did die from an overdose of morphine or other poison administered by himself with intent to take his own life. As the case was presented to the jury, every question except that of intentional suicide was by agreement of the parties eliminated.
Appellant here insists very impressively that the judgment should be reversed, because the defendant established by a preponderance of evidence that David Goslin did take his own life with a suicidal intent. An examination of the evidence leads us irresistibly to the conclusion that the appellant is correct. David Goslin died August 12,1889. The evidence excludes all reasonable doubt that he died from the effects of morphine or opium poison administered by himself. Was the poison taken for the purpose of self-destruction, or was it taken by mistake?
Goslin was about 53 years old. He was devotedly attached to his family, consisting of a wife and several children. He was a bankrupt merchant, without even a home. He had, at or about the time of his last failure, in 1884, conveyed his homestead to one Hendricks, a creditor, in payment of a debt, and with the understanding that if he paid the amount of the indebtedness at a certain time the property would be reconveyed to him. Litigation had ensued about the property, in which he was unsuccessful. He still sought to redeem the homestead, and as a plan to that end he had obtained the promise of Dr. E. M. Tillman, appellee, to purchase the property from Hendricks with the deed in Tillman’s name. Goslin was much harassed in mind on the subject of his homestead. On August 12, 1889, Tillman was in Hew York on his way to Europe. On that day he received a letter from Goslin, requesting him to do all in his power to recover his homestead. Accordingly Tillman made arrangements with one Sawyer to buy the home for Mrs. Goslin. On August 13, Louis Goslin, the brother of David, caused a telegram to be sent to Tillman to the effect that David was dead, and urging Tillman to secure the property for David’s widow. At Goslin’s death he had $13,000 life insurance in favor of his wife. In addition, he had insured his life in Tillman’s favor for $10,500. He was insolvent — the mere manager in a store. Whence were to come the annual premiums on these policies? After his death his wife collected $13,000 insurance money. With a portion of this money the homestead was redeemed.
On Sunday afternoon, August 11, Goslin, complaining of nervousness and headache, tried to take a nap. Children playing ball in the yard disturbed him, and he left, stating that “as he could not take a nap he would take a street car.” He had not returned at dark, and his wife became excited and uneasy. Louis, his brother, also became ■solicitous about him. Louis states, that, “knowing Davi