The daily gazette., 1880-11-30
From Yesterdays Late Edition.
THE SUPERIOR COURT.
ANOTHER MORNING WITH THE
LIBEL SUIT.


morning. Col. Whiteley made appli-
cation for continuation Of the case Of
Geor4e Doughtery, Jr., VS.. George
Dougherty's, ADMINISTRATIVE, until
next term of court. The application
was granted.
The libel suit of the Delaware State
Fire and Marine Insurance Company
vs.. VIM. T. Croasdale was then re-
sumed with VIM. G.. Gibbons, Presi-
dent OF the Pusey IL Jones Company
on the stand. He said he was di-
rector of the Farmers and Delaware
Insurance Companies, and the Direc-
tors of the Farmers had their atten-
ton called to the ID. S. +. & NJ. Co.,
by the fact that some Of the property
insured with them was insured in the
other Company also, which raised the
question of the advisability of consent
ing to such "a co-insurance. 1t reach
ed the ears of the Farmers Directors
that the ID. S. +. Il NJ. Co. was finan-
cially ursound, and not wishing to do
them any injury, the Farmers Co. or
dered private investigation, for the
purpose of protecting itself against CO
insuring with a company that would
not be likely TO pay its policies. The
effect of such coinsurance, he said,
that III case of "A partial loss, the sound
company might be compelled to pay
more than its proper share.
The home companies appointed joint
committee OF invertigation, consisting
| Of the witness from the Farmers, George
Richardson from the Delaware, and
George w. Stone from the New Castle
County. This committee procured q
certified copy Of the Company's sworn
statement To the Maryland Commits
sio ler, which showed their schedule OF
assets, after which each Item OF assets
vas investigat ed sepa atcly.
A manuscript copy of the report OF
this committee TO the respective Com
panies was shown TO the witness, and he
SAID it was in his handwriting.
Mr.. Gibbons said the committee in
| its examination of the assets of the
company, employed counsel and re-
ceived voluminous reports from them
Being questioned as to the genera
reputation of the plaintiff, he said he
had never heard the company spoken
of as the best place in the world to IN
sure. Its policies were regarded as o
no kind or sort of value whatever. lie
said in response to Mr.. Bates that tho
Pusey u Jones Company carried $3.50,
| 900 worth of fire insurance, but from
his knowledge Of the Del. S. f. Il NJ
| Co., he would not insure with it. Ii
fact, he had refused TO take out poll
| cy.
| The defense noted an exception I,
the last question and answer.
| On cross-examination Mr.. Gibbon
said he could not remember the nam,
of the Insurance Journal in which h,
saw the committees report published
n part, nor did he know who author
Zed its publication in the EUery Eoen
ing and DeldUdre Tribune. He knew
however, that the Farmers Compan,
did not assent to the publication.
Mr.. Bates desired to offer this repor
in evidence, but Col. Whiteley OBJ
jected on the ground that it was no
pertinent to the issues of the case
and the Court sustained the objection
Judge Woo;ton said it would be offer
ing as evidence the statement of other
who were not under oath, and woult
be making evidence of mere opinions
This subject gave rise TO long dis
cussion, but the majority of the cour
sustained the ruling, and the deiens,
noted an exception.
Mr.. Gibbons then resumed his testi
mony, and said the result of the com
mittee's investigation was the con
clusion that the ID. 5. +. ~ NJ. Co
was unsound and unsafe and utterl,
unworthy of the confidence and co
operation of the respective companies
The committees report was publishe,
in the Every Evening and Delaw, n
Tribune, aud witness remembered /,
have seen 1t published in part AM
commented upon in detail in an Insur
ance Journal.
PERSONAL AND PERTINENT.
Mr.. Lore then said-Mr. Gibbons, ,yoI