The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-07-01

srtr AaAINsr AN INSURANCE CONTAIN -
In the Superior Court tJudge Dobbin) ON
Tuesday Last, after trial lasting six days,
the case Of Kate NJ. Malone against thc
Continental Life Insurance Company, OF
New FORK, was concluded. The suit was
brought to recover from the company the
sum of ten thousand dollars, the amount OF
n policy issued by IL on the lie OF John w.
Malone, of Mechanicst0wn, Frederick
county, the husband OF the plaintih. Inc
defence made by the company was tiiat the
application for insurance made ny the de-
ceased contained false statements or answers
to the printed interrogatorles as to MS con-
dtion, health, &c, and that the company
was deceived ut the time they Delivered the
policy by representations made TO tnem rs
10 the health of the deceased. The evidence
was to the effect that on the morning oil the
1itb of June, 1868, John W. Malone, AZ
the solicitation of n Mr.. Mcdonald. sol,
citor for the company, allowed him to MI
up nm application for the policy, to he issued
In favor of his (Malone's) wife, when ne
(Malonc) and his wife signed, and on that
morning Malone was eXamired by the phy-
sician of the company, DR.. Murdoch, VINO
confined his examination TO questioning
him, and being satisfied by his replies, Ell
dorscd the application. On the afternoon
of the same day. between 4 and b L. Nj,
Malone, not feeling well, consulted DR.. Ed
ward Warren, who told him he was s'iiler,
ing from ! serious disease, and prescribed
for him, and (ls he testitcd) alter some time
cured him; that on the 1lth of December,
1868, Malone, being confined to his bed In d
hotel mt Mcchanicstown by sickness, from
which he never recovered entirely, ana
having only paid the agents OF tho COM
pany one hundred dollars upon his policy,
It being slill in the agents possession,
was notified by them that the balance OF
the first premium, and interest thereon,
md also the second premium, were due on
The 18th at 10 NJ; and hi brother. Richard
Malone, obtained from huG the notice, and
;, .,tv "a Ss'u, tu tnu COIN MY o:,,,u,nS
from coming to Baltimore on account Of
press Of business, and signed his q. w. Ma.
lone 81 name to il !; that the brother sent u
Mr.. Nacel "a brothcr-in.hw) to Baltimore
with this letter and the amount due upon
the policy, who came to Baltimore and
waited upon the Mes-rs. A. & Ii. Carter,
the agents of the company, gave them this
letter and the money, and received the
policy from them that John w. Malone,
after twice becoming convalcSccnt, finally
died from (as the physician who attended
him testiticd) typhoid fever; and the COM
pany refusing to pay the amount Of the
policy, suit was brought.
The case was given to the jury about
P. NJ. on Tuesday, and they remained ou'
until yesterday at 80 P. Nj, when they
| came into court and asked further instruc
tions from the court. Judge Dobbin SEM
| for the counsel engaged in the case, ant
after they had come INTO court instructed
the jury in accordance with an additional
prayer offered by The defendant, to the ef
| feet that If they found the company were
not informed of Mr.. Maone's illness at tht
time of the delivery Of the policy they mus
tired, W and came into court again in about 2 P
NJ, prepared to render their verdict; bu
the plaintiff being called, made default, ant
la judgment Of non pros. was entered.
1t is understood that the verdict of th'
jury was in favor of the company.
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