The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-10-04

slnntsstppi ans. Cos Aosiou ~ = ptS S.L.l
Crowel, several pareeTaphs.
]. That the note was made IN conslosIa.
uon Of policy Of Insurance, containing
condition against conveyancei that ue"
PENDANT, after the date OF the pollcys mace
a mortgage, whereby the policy was AVOID
ed ana the consideration OF Sne noLe nao
there being q conflict OF anthor1tie~ as to
whether mortgage is a Conveyance within
the meaning ofthe policy, the Court took
Q. That the same policy contains con-
dillon fOTfetting the same, II there were
any membranes not enumerated in the
application aud pollcy, and thai. the de-
PENDANT had mortgaged the insured prem
Uses, and so informed the agent of the Com
pany who filled the application and poi
ley, leaVink out any notice Of2he iDcum-
bFance. stating that it was unnecessary,
and that therefore the policy was void and
the consideration Of the note had failed.
de d, on demurrer, that the paragraph Is
bad for upon the authority of numerous
decided cases, as the omission to insert the
incumbrahce was caused by the fault CT
the Company's agent, IL is estOrped from
setting up the omission as defense to an
action upon the policy; and as the policy
is valid, Notwithstanding the omission,
the note must be too.
DENBY q KUMLER, I IT, roTa5,,4tey
IGL HART & SON. OA1A.
BUCHAYAN, GooDISG & BUCHANAN,
FOR Defendant.
Sinnissippi Ins. COT Action upon pre-
Green and others. Answer.
/. That the consideration OF the note was
O fire policy, which was delivered to the
defendant at the date OF the note; that
said policy contains q condition that
if the insured have anything but an
estate in fee absolute, unless the nature of
the title is set out In the policy and appli-
cation, the policy shall be void; that the
property insured is desert bed in the policy
and application as that of all the defend
ants, whereas 1t only belonged to one.
2. That q provision of the charter of the
company required the policy TO be signed
by the President of the company, whereas
the policy here delivered is signed by the
Vice President. Held on demurrer that
both paragraphs of the answer are bad.
That the condition of the policy as to
title was Substantially complied with, If
the whole title was In any or all the per-
sons enumerated as owners. And that the
law recurring the President to execute the
policy is merely directory, and that where
the charter authorizes the Vice President
to act in the absence of the President, and
acted, It will be presumed that the Pre- gde9lt
IVdS absent.
p TG4 gT9 ., K y 9d5E' For plaintiffs.
UHANpLER & BUCHANAN, for Defendants
Eliza Snowdon
Thomas snowdon.
This is a complaint for alimOny. 1t al
leges that the plaintiff and defendant have
1 lived as husband and wife fifteen years
having been married in Indiana, and lived
/ in this city till within i've years, when
they moved to Henderson, Kentucky,
/ where the husband became so drunken
4 degraded aud brutal as TO compel the wife
/ in January last, to leave him, and flee &c
Indiana and seek protection and support
/ from her friends for herself and daughter
i young child, who are left without sup.
4 port; that plaintiff has no separate prop.
erty, but that the husband has property
| worth 5000. That after the wife had
| come to Indiana, where alone she mad
| friends to whom she could go, she found
| she must walt year before she could file
| her bill for divorce. Prayer for an allow.
| ance out OF the rents and profits of the huS.
| bands real estate for support and main.
| tatnance till the time for hi1ng bill for 9
| divorce.
The case being a novel one, was argued
| upon demurrer to the complaint at the
| last term, and again at the present, and
! conflicting authorities were presented. bul
| the court overTuled the demurrer, follow
| ing the case of Gallard VS.. Galard, q plain
| ly parallel case, recently decided by the
Supreme Court of California, reported in
the August number of the American La,
Register. and the defendant suffering judg'
| ment upon demurrer, adecree for All
| mOny was rendered, from which an ap'
| peal was prayed
/ IGLEHART e. SOEy, for Plaintiff.
| SHACK ELFORD & PARREFr, for Defendant.