, 1874-08-07

Record Of Business Trnnsnctof Yes
tcrtlRYs

- -1s-T-'AS''b - AeA%A*o%@NAosA ANoH
tcrtlnr.
LIABILITY or L1pE.1NsunANcE COMPANIES.
Judge Dlodgett decided demurrer to tue
publication In the case Of Dtgolow against tho
berkshire Lilo lnaurance Company, which y!r,
tually disposed OF tho caso, and decided yexcd
question IA to tho power Of insurance compa-
nics to limit their liability IN cagcs Of suicide OF
their po1Icy-holders. II. W. Digolow, it will
bo remembered, committed auicitlo about
year ago by shooting himself with
rovolyor. 11is widow, brought suit OIL q
policy Of insurance ho had in tho
dcfent1ant's Company. Tho aofon1ant pleaded
that the insured shot hin,Hclf with intcnt to de-
etroy Ills 1lfe. Tho plaintiff replied that tie de-
ocasca was in8ano at tho time, and to this ropl-
cation tho Company domurret. TLero was d
clause In tho policy to tho effect that tho Com
pany should not bo liable II tho insured died by
suicide, sane or insane, md on this question lilo
master turned, namely, whether sAis was Hut1l~
cient answor to tho replication.
Judge Dlolgott remarked TINT thore was no
cago except late ono in Wisconsin TINT could
DO considered ~ M authority In the present i,-
atanoo, and oyen In tho Wisconsin case tho pol
icy WIS not exactly similar In It's tornH. 1t WaB,
no doubt, within tho power Of lifo-inaurailco
company to limit Its liability to doatbs occurring
while tho assured was sane, md 30 dony it's la
bllity in alf other caacs. Nice distinctions Ind
boon madn az to What constituted q Hncide, and
new oroe au7ss @ Inn, il ,t9;poses n M
were perfectly at liberty to limit their
liability to cases wl,cro tho assured diod who
Rane, and he Al.on}d, therefore, a1though tho
question MAS not quito FREQ from doubt, sustain
The domurror. and ind for the Company. IN
appeal vas taken.
In tie case OF Shackor against the Hartford
Fire c.lnanrance Company, similar point wna de-
ci1cd. 6hacEor llatl loaned a Hum Of money
mortgage on his houso aud leaselo!d interest
in lot, and also MI assignment Of the policy Of
insurance for Il 300 on tho house. THO debt
was $500. Tho house having boon destroyed,
o m 5nsa On the ooy o hs There M was
to the premises was in tho iusuror. The Judge
held that the Company had right to make such
reservation, and that therefore tho plaintiff
could not recover in tho preaont iuatanee evon
though. % was tho cage. tho agent OF tho Com,
any loss should bo payable to tho mortgage.
WHAT ~ NOTICE TO pttno1IABEns r1loM 1NsoLvENTa.
Judge Dlodgott decided tho caso Of i. J. Nor
ton, Assignee of 1ews Nolan ::and John Mcsl-
question Of law Of interest to every merchant or
tradcr. Tho suit was bill to recover d stock Of
jowelry alleged to havo boon fraulnlcntly sold to
tho defendant BY tho bankrupts Nolan & AfcEl-
HAt1 u bNtIk kiLIO p!Ufl0Ab W kiClA HbUtfGAUfs
Tho stock, which is stated to haye bocn worth
$4,000, was sold for about s13, 900, mud 1t ia
charged tint Billings know Of tue Insolvency Of
the baulrupts at tho time, which ho denies.
1ho judge romaEkoa, IN giving hs ,aoeiaion,
wain 1Iad opjoyol m oxccllon1 reputation; that
Billings Lad Known tllom long tino and that
ut tho time Of tile sale they Ind given aa Ill OK
cuso that their partnership Ind expired, and tlaat
ness. % Thoy wished @ blliags e s simply M m buy out
Kolan'a interest. but lo declined unless ho could
tuko tho whole. This was subsequently, agrecd
to, and Billings took tho, stoclt at a valuation,
which was shown to bo all t,o goods were worth.
purchase, which was tho point IN question, the
Judge said tlat all aaloa out Of tho regular
coutao OF business must bo regarded ~ prima
facio fraudulent, tho burden Of proof being OIL
tho purchaser to 1eny 1t, But in tho lrosont
case no suspicious circumstances wore siowu to
exist. billings Ind known the parties for years,
lad full confidence in tl1om, and tho EXCUSES
they naaao weso plausible. Yho Supreme Court
hal held that Il Nlan my,Kt make inquiries,
presumed 10 know allll might haye hayo found
out. But Billings could not 10 supposed to
know tho absolute truth Of tho. circumstances,
nor demand tho books Of the firm There wna
no fraud shown, in tho estimation Of tho Court,
dcfotlant. IN appeal was taken to tue Supreme
Court.
sTEr-LApDEns IN COURT.
Judge Dlodgett also rendered u decision yos'
tortny III tho case Of O. q. udall against Il. ).
Payne OF al. This was n bin in chanuery by tho
complainant for two alleged iufgingementa Of
liis patents, one haring beon granted ala.cl 22
1870. Tor bracaot by Which the platform. Of tho
granted subsequently forn joint q blngo. Tho
Court hold there wns. NJ Infringement Of
Thoro was no cyidoncc to show that