, 1870-07-23
THE ETNA-BENNETT L1T1GA-
TON.
Abstract ef the Etna,a Petition.


Some days ago the statement was published
that j. 3. Bennett, late General Agent and
Manager Of the Etna Insurance company,
had sued that company for a200, 900 for salary
and commission for the last 5ear OF his ser
vices. and for damages sustained by reason OF
breach OF contract in dischalging him.
4 day or two afteEvaEd Mr. Bannett WAS
served with summons in suit By the Etna
Insurance Comgany against hitu for upward OF
s6o,no. The petition Ayers that from Sep
tember 2, 1853, uLtil February 1G, 1871, Nr,
Bennett was the General Agent Of the COM
pany for Iuge portion Of the Western and
Southern States, and, in that capacity, re-
eeiyed, and was In duty bound to aecount for,
large Gums Of money and property coming to
him from the several local organizations With
IN his charge, beins the premiums Of insurance
remitted to him by the local agents, aud
otherwise. Among tho sums OF money
thus charged to have come into his hands was
the sum Of sss, 665.69. received during the
months OF November aud December, 1869, and
January, 1870. OF this amount Of money. he
caused himself to be credited With 73,2S5.04,
leaving balauce Of I'll f,379.65. which the COM
pAny claims he wronEfully converted to his
own use. having been bound in the course Of
du,y 70 remit the SUM 10 the Office Of the plain
| The company claim that in order to prevent
I his books frum showlpSa balance against Tim,
and 10 cause them to balance, he made IN en-
| tsy on the journal on the 10th Of December,
! 1SU%a EIeulL4uS QIu1AGt1 VIII PHO
I to aajuaters and travelling agents, but not
| previously charged. being ia full for :her ser
| ycea rendered catiiely on duty for the Etna
Insurance Company in this department, such
compensation required At the tiae to SECURE
and retain experienced parties in the service,
the payment Of the same By the company be-
Ing A. Just ndpsopcr as allothe1 correct office
expenses" Ihcse chargea arc dated back from
lse6 10 November, 1857.
It Was stated in his book that "the benefit
! derived 1rtt tharTy he Gc1sy in, tho
entry is principally from the difference in price
| and currency between the a,s&e teituul aud tho
present times, tho company having derived
more income upon tho same dnount invested
than the interest above charged, bealdes being
: able to regain one-tcnth abatement frora iu-
terest above charged through managers' net
profit and loss account"
The company chin that the entry is fa1sk
and fraudulent. and that the several items
therein stated arc Of moneys paid BY Bennet
for his own purposes and in discharge Of BIZ
| own engaRements. As soon a. they heard o.
the fact, the company rep1,diated the entry AMI
demanded the money, which WAS refused
. The petition OF the company containa eev
eral counts. each Of which charges couver
sion Of money. The second count charges th,
: conversion Of IL, sec. So in the month Of Feb
IuaIF. 1870; the third, the conversion OF NOR,
! than g, 600 in the sazne month; the fourth
!, the conversion Of Il ,037 23 in November, 1868
l aud the fifth, the conversion Of S317.63, in til
satne month.
8 The ei1th and last count makes mention o
the libel euit brought by the Enterprise 1usut
= auce Company aEainst Bennett last year, t.
= recover a2og, GOO {os the action OF Bennett i
!, taking quotation from the Daily Times, an
: commenting thereon discteditatly to the IL
4 teresss Of a.a. company, flooding the countz
. with this publication. This count charge
:. that Bennett paid out Of the funds Of the con
= pany lawyers fees to tho amount OF es75,9;
. hcEiJes retaining tho services Of couple c
4 the rcp in the employment ef the compau
q to help prepare the case, at the Rum Of Il ,00'
!, which wac not their legitimate duty. II
y company claim that Bennett should hay
y charged himself with the expenses Of tho lib
suit, as he was the cause Of ita being brouEh
= The petition " signed bS Lueiua L. Hende
~ Of Hartford, Conn.,, President Of the comp
er furi HoadIr- J.cEson 4 In,n,on ara II
~ attorneys for the company.