Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-02-12
the vlELE INSURANCE CASE.
laixAly nnteressanr . Oar nasl.
ness Men.
DssrmaCT COURT.
Hon. j. ScorT RicHNAS, Judge,

JoBN GALLsGAN, Clerk,
The case Of c. W. Viele vs. the Germania
Insurance Company Of New York, was call
cd At nine clock this morning, and Msssrs
Putnam 4 Rogers. assisted by Judge Grant,
appeared for the plaintiff, while Dawson 4
True, assisted BY J. T. Lane, conducted the
defense.
The action was brought to recover dam.
ages sustained in the loss by ere in Dscem-
Der 1865, Of brick building on Brady
street, formerly known ss the Post Office
block; said building being insured for $l2,-
900 in an ssso ciation of the Gsrmsoia, Han.
over, Niagars end Republic Insurance Com.
panies, known IS the "Underwriter's
Agency" Payment having been refused
this suit is one Of four-aotion having been
wrought against each Company separately.
Defense ailsge that At the time the policy
was issued the building was occupied only
for mercantile and Office purposes, aud that
there was no business carried OH in the
premises that Was more than ordinarily haz
ardous. That after the issuing Of the policy
the upper stories Of the building were rented
to Almst Skssl & Co., and another party
unknown, who: commenced the manufacture
Of Rustic Window Shades and that large
quantities of pine splintcrs, lnseed oil, var
nishss, bsnzole, naphths, and other highly
in6ammablc substances were freely used on
the promises thereby violsting the insur>
ance laws. aud rendering the policy veid -
and that the fire actually originated in the
upper story where these infammable mates
rials were used.
The defense admit the policy, admit the
fire, admit the loss sustained; but claim that
the increase Of risk without proper written
notification inval:dsted the policy; that ben
zinc WAS kept on the premises, contrary to
. stipulation in the policy, and admit that
the burden Of proof, a. to these facts, rests
with them
After CONSIDERABLE difficulty . jury was
impanneled at about half past eleven o'clock.
and Mr.. d. S. True arose to address the
Jury on the part Of the defense, who, hav-
ing the onus Of proof, are allowed tie OPEN.
ing and close, and after few remarks, vas
followed by Mr.. Rogers. for the plaintiff,
who. in an able speech, set forth the Claims
Of the plaintiff to verdict. He stated that
the Underwriters agency had issued to
Charles W. Vieic policy for $4,000 On
the Postoffice Building and LeClairc Block,
and the present suit was instituted 10 re-
cover $4,000 on the building destroyed.
and 500 damages done to the LsC'sirc
Block. lie denied that there was any in-
crease Of risk in renting the upper story
for the purpose Of manufacturing window
shades, and that the company have persusd
such . course that they have forfeited the
r;eht TO oct up such . defense that the
pslicy stipulates that whenever ths company
think there 10 an increase Of risk they have
right to cancel the policy, and failed 70 d.
90. That the proprietor kept NO innssns
mable material on the premises, and that
the tenants kept them in the limited quan>
titles and in tho packages prescribed and
limited in the policy.
II being then half past twelve o'sloct,
the court adjourned until two P. n, when
Mr.. Rogers will continue his ssmsrks.
Tns river 10 in . tsuly interesting condi-
tioo-for pedestrians. Il Is nsafly covered
with water of from four to sir inches in
depth, and the buggies that have superesA
s,sd the slsiehs ere doing hsisk business.
for persons desirous Of crossing frsm either
side, seem 70 think prudence the better part
Of valor, and so-takc ride.