Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-12-03

| IMPORTANT DECISION OF THE COURT
OF APPEALs IN AN AUGUSTA INsUR-
| ANCE CAsE.-The Court OF Appeals OF
Virginia has Just decided the case OF the
West Rockingham Mutual Fire Insurance
Co. IS. Felix z. Sheets & Co.. in favor of
the defendants The facts Of the case are
that on the 18th Of July, 1872, the paper
mill of Sheets at Mt. Scion, Augusta coun-
ty was destroyed by fire. 1t was insured
in the company for Sc, 266. The company
contended that the mere omission on the
part of the assured to give notice of a lien
existing on the property insured at the
time of issuing the policy avoided the pol
icy, while Sheets & Co. commended that
such omission mad not that effect unless it
occurred willfuly, with intent to deceive
or defraud The case was tried in the
Rockingham County Court and Sheets Il
Co. obtained Il verdict for $4,930,l4 the
amount of damage by the FIRE. During the
trial the following instruction to the jury
was refused by the Judge of the County
Court: IF the jury believe from he evil
tlence that the plaintiffs. at the time OF the
procurement Of the alleged policy of insur-
ance Oh which this suit is brought, made
any material concealment from the defen-
dant Or it's agent in regard to the title OF
liens or incunbrances on the property in
sured, they must find for the defendant,
no matter whethe, questioned in regard to
liens, title or incumbrances or not.n
The County Judge modified this instruc,
tion by inserting therein the words, twill
fully with intent to deceive or defraud,
before the words made any material con-
cealment, &c., y and then gave the instruc-
ton. The concealment referred to i'll this
Instruction WAS vendors lien on the mill
insured Of about 81 100, which
lien existed at the time Of the Insurance.
when the case reached the Circuit Court
it refused to reverse the action OF the
County Court in refusing the instruction
asked for. III delivering the opinion of the
Court of Appeals deciding for the defend
ANTS, Judge Moncure said
'sThere is nothing in the policy which
requires Il disclosure by the insured of the
liens upon the insured property. There
was no question propounded by the insur-
ers TO the insured in regard to the exis-
tence of such liens. The insurers might
have examined the record for such liens.
and made Inquiries about them either of
the insured or others. But they failed to
do so. Can they now avoid the obligation
Of the policy on the ground that the insu-
red. without being nqnired of and without
any fraud, omitted to give notice Of the
lien at the time Of obtaining the policy?
Think they cannot y
THE "PREsHBYTERIAN SUPPER" D.
There is no sort Of opportunity they won It
take advantage of. All of us thought
Tuesday night-or, better call it Wednes-
day morning, she called it Wednesday
fmorning-that 1t was burglars at, the
night-latch when he was futnbing at the
door, 1t would have been better for him
if it had been. She was ''sittiug up" for
him both III body and spirit. You might
call it laying in wait The frills of her
night-cap were starehed stiff When he
let go the bannisters outside, after feeling
gently for the door-boit, he made sud
den appearance in the room. Looking at
the rocking-chair, which was going
forty miles Ii minute, he saw her in it, and
the cap-frill looked as big as the main Jill
of ship. He gave a feeble smile. 1t is
hard to say why q man always smiles I'M
der these circumstances, but he does.
Perhaps it is a sort of flag of truce to pre-
vent hostilties, or an appeal for mercy,
OF it is done as about tie only thing that
mentally ysieally lie is-able~so do, but
ANYHOW, lie does it, He caught a chair
after short race and sat down. 'Where
have you been?" that's the first question
before they say they are going home to
their father. but lie had an answer that
would have stunned any woman living.
'!B'n Presbyterian supper"
eWh-a-a-t?: Who did You go WITH"
eWizze boys"
:'Boys. what boys?'
''Alla boys, Preshbytery Morrefator II
all.''
Here Mrs. Ferguson bowed the frills of
her night-cap and wept, and he explained
between conyulsive jerks at his boot
ss'Sno use crying. Good company Bet
Morrerator e eonldn' say ten command
ments, Losh my money. Took mother
drink. Went my head. Six-a-dog. La
dies al! helmahead.'
s'Oh, Charles! Another woman held
your head.'' Sobs
ssNow, Maria, don't be Il fool. Who
said nuzzer CONAN helmahead?"
"Why, you said SO Yourself" More
sobs.
'sNever Pm a furrel liar. Tell you
truth this time. S'elpme Bob,'' and
doubtless he would if he hadn't gone dead
to sleep while he was talking. a ticket that
dropped out Of his pocket marked, "Tom
Burke, 10 CENTS" showed the Freshly
terrain supper he had been to.
CAPTURE OF AN ESCAPED CoNv1CT.-
For some weeks past an escaped convict has
been prowling about the vicinity of Staun-
ton. About three weeks ago q party head
ed by CnleI OF EOllce 1afTent, WenG GOWN
to Christians Greek in search Of him, but
he had changed his quarters He was then
in convict uniform. Last Sunday, col
ored man gave information to Constable
W. II. Grooms, of Fishersville, that an es-
capped convict was about armed with
double barreled shot gun, knife and razor.
That evening a party consisting of Mr..
| SSsn4.efas, Geo. Guthrie and others, sur
.An.. aaa q small hllildiu@ in which the ne