The daily gazette., 1880-11-27

ahA ooiu was ITtS1ueTJ OIL Lha
Del. 3. f. d NJ. Insurance Company; he
was Its first President.
lie was asked TO state how he became
President OF the Company, when Mr..
Lore objected 10 any testimony relative
10 the condition of the Company prior
10 Its reorganization in 1877, when it
passed luto the hands of its present man
ageinent, who were in nowise RESPONSE
ole and could not be held accountable
Tor Its previous acts. He said it was af-
ter this reorganization that the libel was
made.
MIR. Bird contended that the plaintiffs
were the same Company that was organ
lied In 1875, that it retained the same
Secretary until recently, who put into it
his fraudulent assets. That part of the
libel alludes to "the Delaware State Fire
and Marine Insurance Company of Del
aware City," and another part alleges
that the Company sis and always has
been fraud"
In referring TO some of the libels, one
was read wherein the paper claimed that
Myers admitted the Company was con-
celved in fraud, but said 1t had reform
ed Mr. Bird said he did not believe in
reforms, neither in reformed politicians,
reformed drunkards or reformed any,
thing.
"There's a bad chance for you, them"
interposed Judge Wootten, and gener-
al laugh went over The room.
The Court held that the Company
was created by an act Of Legislature
passed five years ago, and that no reor-
ganization can transfer it to another cor
porati9n. The defense had pleaded JUS
titcation TO the allegation that ''the
company is now and always was fraud"
and they can prove it.
Abram Fortensaugb, being sworn, tes-
tilted that he lived In Halifax, Dauphin
county, Pa, was engaged in general
merchandising, and was member of
the Pennsylvania Legislature during
18Ii-5-6. A deed being shown witness,
he said be recognized 1t by the metes
| and bounds stated as deed for q tract
oil 1924 acres, which he understood was
previously owned by David K. Mcclure.
He visited this property in May, 1873,
ami also on Saturday last, in company
with Mr.. Pennington, Mr.. Pierce, and
Mr.. Shook. who lives close by. The
land is on Broad Mountain, in jackson
AMI Jefferson townships. Not more
han 100 acres are well-tim bered, the
balance having sparse growth. The
witness said he was familiar to some ex-
| tent with the value of land, and at this
point Mr.. Lore objected to the witness
Dei Dg asked his opinion ~ to the value
per acre, because the justi fications In the
pleas being general aud not set forth
spo citically, the proof must be general
and not specific in its bearing. The OBJ
lection was overruled, the Courh saying
the plaintiff should have demurred to
| tho pleas if they were Objectionable.
Witness said he would not like TO give
more than 81 an acre for the lard. That
he never knew any mineral coal or iron
ore to be found there, though he had
| seen some shaftings Oh the track, but no
| evidence of any coal in them. 1t was
| not an oil tract, and did not contain any
| buildings or improvements. The nearest
| railroad Zone running between Millers'
vile and Wilhamspor) ls about -four
miles away. There is no coal found
south OF the Lykens Valley, IL famous
coal rsgion) and this land was south Of
the valley.
On cross-examination witness stated
that he had been engaged In the genera
merchandising business for about twenty
| ave years, but had also been connected
| with other business enterprises.
Mr.. Bates then offered In evidence, as
representations of part OF the assets OF
the Insurance Company, four mortgages
on this pToperty-three amounting to
81, 800 each, and the fourth to S27 900.
Mrs. Elizabeth l.. Lummis, of Will
mington, beIng called, said she once hac
q policy In the Del. s. +. & NJ. Co., anC
| wnen a policy was shown her sho fecog
| niZnd il az hers. The defense offered the
policy in evidence.
Mr.. Lore here inquired what the de
fe nse desired to prove By this witness.
Mr.. Bird-To show that the Company
is q fraud. To show that In its printed
policies there Is a clause making IL
matter conditional that in case of re
the Company would be responsible To-
only two thirds of the loss sustained
the ballahce being borne by the insured
party.
Mr. Lore said he had no objection t
its admission for that purpose.
Mrs. Lumm.s said she ceased to insure
in the Del. s. F. & M. Insurance Com
pany on account of having gone into /
through ignorance. Her brother at
tended to the matter, and went to thi
IA CO In mistake, when he should hav'
gone to the office of the New Castl'
County Mutual. she did not refuse Il
renew her policy because of the Euer!
Euening attacks, though she thought l
was a fraud.
Court here adjourned until 10 o'clocl
tomorrow morning.