Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1872-04-04

ed the policy was really invalid and that
she could get nothing, and that the pre-
MUM was also forfeited. | had no
knowledge of the legal meaning of the
words, q die by his own hand, | sup
posed it meant just what it said. | had
then never heard of the nice learning that
the lawyers and the courts have since
applied in constituting those words AT
the time / went up to see Mrs. Green be-
fore I went to Rutland on Friday morn
ing, there was no suggestion made that
there was to be future meeting before
[ went to Rutland.
Cyoss-erami,,ed. i was working for
the Company from 10th day of June
previous. Had taken two applications
before this. Had had something to do
for the Phoenix Life, of Hartford, for
about six months Had had no other ex-
perience in Life Insurance business. L
was employed on salary of 800 a
month, and | pay my own expenses.
My salary did not depend upon the
amount of commissions, nor upon what
| did They guaranteed me 800 per
month, and if the commissions amount
ed to more than that they were to have
the excess. My arrangement was with
Reyes & Cushman, and was for one
year. | went to see Green first, before
he spoke to me. never had any talk
with him about insuring him till July 5.
| did not see him about it in June. The
first day l applied to him he agreed to
take the policy-he was examined that
night and the next morning he paid
me the premium. have no authority to
issue policy The Company do that.
+ooIy +bo ,,roDayy apd rava q biDdiDo rp.
cent, according to common usage, with
the provision that if the policy was re-
fused the money should be refunded.
The application was written up the night
before. DR.. Wager made the medical
examination. | think the answers to
the questions in the application are in
my hand writing. The Company sent
back that it required on an insurance for
so large amount, two medical eXamina-
tiOnR, and another was had.
QueSt5On.-Mr, Castle, there isa clause
in the application making the enquiry
whether either of the persons parents
ever had any scrofulous, pulmonary, or
other hereditary disease, and the answer
to that question is no" Did you not
know when that application was made
that Green's father had died insane
Collected to by defendants counsel.
Objection overruled. Exception by de
fendants.)
.4nSasep, Green told me his father
died at the age of IS, insane. But was
not aware, nor did suppose that insanir
ty was hereditary disease. He told me
there had never been any other Instance
of insanity in the family. Green cam"
to me on the same day he paid me the
money, (the Gth) and wanted to back
out. | went and saw his wife as | have
stated. Did not have any further talk
with Green from that time till the morn
ing of his death. | have not the slight
est recollection that any thing was said
about another meeting for any purpose,
before | went to Rutland. | did not
think Green was insane-had not the
slightest idea that he was crazy. That
morning when he came to my house he
said the policy worried him-that it was
more than he could Carry-that his mind
was broke to peioes. and he wanted me
to get the money back. and | promised
him | would do what | could. | then
went ND to his house and saw his wife,
and she wished me to get it ii could.
On my return from Rutland | went up
to her house about 10 o'clock in the fore
noon, and told her | had got the money.
| saw no improperly in doing this My
object in getting the money was an act
of kindness to Mrs. Green-tO do just
what she and her husband had just be
fore requested me to do for them. did
not tell Mrs. Green that she could not
get any thing on the policy. She said
she supposed she could not, and told
her that | supposed not. | did think
the Company had done liberally in re-
turning her the money.
Re-elacDtj,1ed By DetsndantS' C0HnSel-
received circular of instructions to
agents, when was appointed. My
authority consisted in soliciting appliCa-
tions. and collecting and receiving pre-
muns, and reporting to the general
agents. This is a copy of the circular
of instructions to agents, such as | re-
Ceiyed.
The paper entitled constructions to
Agents" made part of the case. and eN-
tracts read to the jury.
w ". Cushman Reside in Rutland.
Mr. Reyes and myself, as partners. were
State agcnts for Vermont of the llahne-
mann Life Insurance Company. Our
contract was dated Sd June, 1869. Our
business was to appoint sub-agents. who
reported to US, collect premiums. etc.
We had no power to make or alter con-
tracts for insurance, or to waive for
FIXTURES. | was general agent from 81
June. 1869, to September, 1871. | was
called upon by Mr.. Castle, and he told
me-(Obiected to- | delivered to Mr.
Castle S95, | think, to give to Mrs.
Green. afterwards received the policy
from Castle and forwarded it to the
home office, and reported what | had
done.
Rodney Ro6y, recalJed By DettmdontS-
On the occasion of Dr. Carpenters
visit to Green at his shop, and after the
doctor had left, and Green had arranged
his business to go home, he spoke about
his life policy, and remarked that it re-
quired that he should use homeopathic
remedies, and he wanted to know If |
thought that the calling in of DR. Car
penter would destroy the policy. | told
him thought not.
The defendants counsel then intro
duced the deposition of james Wade,
Jr.. Nicc-Prcsident of the Hahncmam
Life Insurance Company, in proof OF
fact that the company approved OF the
acts of their agents, Reyes * Cushman,
in accepting the surrender of the policy
upon the life of Jacob Green and pay
ing back the money, which was read to
the jury without objection, and the de
PENDANTS rested.
In rebuttal the plaintiff introduced
MARI lShe5d0n-Am a daughter of
Jacob Green. I was at the house when
Mr.. Castle came up there the morning
my father was drowned. | heard Mr.
Castle ask mother if she would pay his
fare to Rutland Mother replied, that
will be just as Mr.. Green says.
Cr0ss-er0mGaed- had some other
talk that didn't mind about. That's
all | heard.
Rh0da Green, recaIIed-I did not see
the axe and shackling iron that morning.
[ asked Peter about it afterwards, on
Thursday, and he said he threw it out
by the side of the fence. | went and
found it there. 1t looked more rusty
than the one that had been at the shop.
T chpi1ld not think Ii was the same axe