Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1883-04-25
Washington County Supreme Court.

statute passed at the last session OF the legis-
leture changed the time Of holding the annual
term OF the supreme court In and for the county
OF Washington from the second Tuesday In Au-
gust the time nj which II has been begun for many
years) to the third Tuesday in May. Chief Judge
Royce will preside and Judges Ross, Powers and
Rowell will alt with him. The printed docket
which lie Just out, contains forty-6ve cases, and
TO remove the arch and lay out wide street from
Main street TO Seminary hill This case was
heard In the county court Monday afternoon be-
fore Judge Ross and the assistant judges. Judge
Redhe'd refused go sit, notwithstanding the re-
quest Of counsel that he would, because he IL a
taxpayer In Montpelier. Two Of the most i'm.
portant cases 10 be heard land they will be heard
together) are the Lvcoming Fire Insurance COM
pany against Medad Wright & Son and the same
against J. s. Wheelock. Wright & Son are the
proprietors OF the works at Wrght's mills In
Montpelier and Mr. Wheelock owns saw mill
In Berlin. Their property was Insured In the
PLAINTIFFS company, and they gave their pre-
MUM notes In payment. On the 9Th Of October,
1881, the company, whose principal office was In
Muncy, Pennsylvania, was adjudged lnsolvent by
one OF the courts OF that state on the motion Of
the Encouragement, and a receiver was APP
pointed. About year ago the receiver put into
all the premium notes which the company had
against residents Of this state and he brought u
large number OF suits accordingly, In various
counties, TO collect the amounts due on the notes,
special assumpst, In which he sets out the ASSESS
meDts; that the company had gone into iDsolv-
ency In October, 1881 and that the unpaid
assessments had been laid by the directors before
going into insolvency, and by the receiver since.
The defendants pleaded the general issue, and
filed four special pleas In bar. The first special
plea alleged that the contract OF insurance was
induced by the fraud and Misrepresentation Of
the cnmpany's agents, In representing that the
company was solvent, with large surplus In ts
treasury, when In fact 1t waa insolvent. The
second Rverred that the company had not com
piled with Sec. 2 Of No. OF the laws OF 1874
which required that all foreign Insurance com
panies transaciing business In this state should
be responsible. either by the laws OF the state
where the companies are located or by provisions
In their acts OF Incorporation or policies, for the
acts and neglects Of their agents The third and
fourth pleas averred that the company had no,
filed with the secretary OF state copy OF its by
| laws, as required by the zane act The plaintiff
filed general and special demurrers to these pleas
thus raising the question for the first time In thi,
state whether contract Of insurance, entered
compliance with the statnte, Is binding upon tn,
| assured. As the plaintiffs demurrers reach tn,
| first defect In pleading the defendants counse
| claim that receiver, appointed by the cour
OF another state cannot maintain an action In th
| state; that the declaration was defective In no
alleging that the company was licensed to d.
business In this state and that II did not SHOW
that the claims for losses for which the assess
| ments were laid, had been adjudicated by TIT
court. Messrs. John II. Senter and Harlan W
| Kemp are counsel for Wright & Sons and Messrs
| Heath Carleton for Mr.. Wheeock. The docke
IN so large that there will not be time In the wee
| which the court has in which to sit to try all tn
cases, and many will have to be continued unit
the general term OF the supreme court, next fall