The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-01-14
AN IMPORTANT CASE.
Elbel, GILLIAN a. 90. va, Boatmrn's Insur
anoe Company.

hlb"l, william %. va Bonimen'a Inaur-
anoo Company.
Judge Pease, OF the Common Pleas
Court, was engaged Monday and Tues
day In hearing a case, the Judgment OF
which will prove OF Interest 10 business
men In general, II 10 the case Of Elbel,
Gillian q Co., proprletors OF the sad
dlery hardware aud malleable iron man.
ufactorV In this clty,whlch was destroy.
ed by fire In December, 1884, against the
Boatmen's Insurance Company, OF Pitts
burg, Pa.
Elbel, Gillian & Co. carried 100000
insurance on their buildings, among
which was policy for 5000 In the
B0atmen's. The insurance In this COR
pany was placed through ita agent
here, Mr., A, @ Dart, In the spring OF
1884, when the policy was delivered IA
the frm aud the premium thereon paid
10 Mr.. Dart. In June OF the same year
MIR. Dart called at Elbel, Gillian g. Co.'S
office and got the Boamen's policy from
AIR, Paul Gschwend, member OF the
hrm, saying he wanted TO examine H.
MIR. Dart took the policy with him and
never returned II.
After the are the Boatmen's Company
refused to pay its proportion OF the loss
claiming II had refused 10 accept the
risk on Elbel, Gillian Il Co.'S property
The policy not being IN Elbel, Gillian
u Co.'s possession they were obliged II
bring suit TO recover the money.
Mr.. Dart claims that one day during
the GUNNER OF 1884 no met Mr.. Q. P
Dun, book.keeper for Ebel Gillian &
Co., on 'he street and gave that gentle
man verbal notice that the Boatmen' 4
Company would not accept the rlsk on
Elbel, Gillian u Cos works. Mr.. Duff
has no recollection OF ever receiving
such q notice and M additional evidence
the plaintifIs say that the premium paid
Mr., Dart, ~ agent OF the Boatman'e
Company, was never refunded them, no
that they never had any information 10
the effect that the insurance company
had refused the risk, Furthermore, II
they had received any such notice, they
would have proceeded at once 10 place
that amount OF insurance In some other
company.
Messrs. J J, Parker, Esq, and Julius
Whiting, Jr, E1q, represented the In.
teresls OF the plalotlffs and Messrs.
William X Day, Eaq OF Canton, and "
Estep, ESQ., OF Cleveland, that OF the
defendant.
Judge Pease this morning rendered
Judgment IN favor OF Elhel, Gillian q
Co., which, with accrued interest, will
amount to about $4,000, against the
Boatmens Company.
CIVIL oAsEs,
The following disposition OF civil
casea has been made:
Ohio w lsaac True, indicted for as-
eauli; defendent entered into recOgnlg
ance OF 5000 with David Riley ~ surety,
Cyrus Smith W Daniel Gross at vi dc.
fault decree for plaintiff for 1915 aud
costs and order TO sell,
NEw CASES.
420s-The Alliance Bank Company w
Amos W. Coate, OF oil civil action
4260-RchaTd Wagner w Nicholas
Hubprly, Sr; civil action.
i270--John NJ, Myers, assignee OF
James A, Ward Va James A, Ward Of al;
civil action,
427l--Curtis c. Douglas ys Teeters q
Kay, error,
d272-Jacob Ney w the Board OF Eiu.
cation OF Pike township, Stark county;
civil action.
COURT ROOM NO. 9.
In court room No. O., Judge Nichols
began hearing the case Of George Well.
house, administrator Of Benjamin Her.
shey's estate, against j, A. B)rst and l..
II. Smith. This is tho second trial Of
the case; II involves number of dls.
puted coal leases about Greentown.
PROBATE COURT.
Marriage licenses have been Issued 10 .
Isaiah Oyster and Eta A, Wertenberper,
L0uleyille; William Kitchen and Eliza.
beth Seaman, Mpssillon.