New-York tribune., 1874-11-20
An INSURANCE CONTEST ENDED.

VERDICT AFTER NINE YEARS OF LITIGATION.
An old and bitterly fought insurance suit,
which has been the Court calendar for nearly nine
years. and boast Of having occupied the attention Of
referee during four Of that time before the Gen.
eral Term took away from him and put 1t before the
prompt tribunal OF jury, concluded yesterday by
verdict the Supreme Court before Judge Brady The
evenfu and interesting one, not only
of the question at issue, which claim
Of fraud by the insurance people, but account OF the
character OF the testimony and witnesses, the latter
being gathered from the ranks Of both the Union aud
Rebel armies.
The story of the case was briefly told in THE TRIBUNE
the first day UP for trial. In 1873. Col
Ed lin Brink and Gen. Estes, who during the
cavalry officers under Sherman he latter being also
Adjutant General Kilpatrcks staff and the former
having been for two years and now United States Post
master at Wilmington, N. c.. established store at
Lexington n. G.. and in November of that year OBJ
tanned policies of insurance for $4,000 In the Under
writer's Agency, composed Of four companiesthe Mag
ara, Hanover, Republic and Germania-threugh
j. G.. Williams & Co., the agents In North Carolina.
On Nov 20 sudden fire destroyed. as alleged by the
proprietors, their stock Of goods valued at about
$4,000 only $1,000 being saved. The fire originated In
the County Courthouse SO feet distant hich with the
store was consumed The policy Of insurance had not.
however, reached them, and two days later it came.
forwarded by Williams & Co. The application for pay
ment Of tho insurance was met by prompt and per-
emptory refusal the part OF the companies the
ground Of fraud and from that time forward the bis.
tory Of the case has been record Of the most deter
mined fight for and equally bitter opposition
In june 1866 four actions begun against the
panies, who set up defense claim OF fraud, of
arson OF generalization OF the goods, and Of want Of
effort on part of Brink Estes the goods In
March, 1870 the suit against the Republic Company
came TO trial in the Circuit and verdict OF $36 was
rendered for the plaintiffs, but trial granted
in account Of error whereby the verdict
was given for too small In June following, ex-
Judge George G. Barnard, formerly one of the Ring
Judges of the Supreme Court referred these
Rufus F. Andrews; but after two years had elapsed,
motion made at Special Term to vacae the order Of
The motion denied, and appeal from the order
was made to the General Term and the Court OF
Appeals which resulted In the reversal Of this order OF
reference.
The suit against the Hanover Company was begun
three days ago. interesting features OF the trial being
the withdrawal OF the charge OF arson by the defense
the examination OF Gen. Leach NJ. e. who testified that
the time Of the fire he had guard placed around the
burning buildings and removed all the property that
could be obtained and finally the striking out OF Mr.
Penrys testimony for the defense by the counsel for the
defense itself. worthless Judge Brady charged the
Jury considerable length and the latter with
verdict for the plaintiffs for the full amount Claimed
SsOOI g. with costs &C. Separate verdicts for ike
amount entered against the Niagara, the Germa-
and the Republic. In order that all tho cases might
be senttogether to the Court OF Appeals Judge Brady
also gave an allowance Of per the plaintiff but
reryed his decision the motion of IL. j. Scudder
plaintiffs counsel for allowance in the other cases.