The record-union., 1891-07-23
A CELEBRATED CASE.
G. L. Curtiss' Legal Victory Over an
Insurance Company.
Additional Facts Concerning the Events
of Its Eleven Years Journey
Through the Courts.

An Oakland paper publishes the fol-
lowing history Of the case of @. L. Curtiss
against the 4Etna Life Insurance Com
many. which was decided in Curtiss'
favor a few days ago:
'"The Supreme Court has just decided in
@. l.. Curtiss' favor a suit to recover life
insurance policy of $4,000 against the
Etna Insurance Company OF Hartford,
Conn, which, together with inter-
est, amounts to double the principal.
The policy was issued tWenty-one years
ago on the life of Alfred Tucker of Wood
land, Yolo County. Tucker was
debtor Of Mrs. L. G. Curtiss, mother of
Gilbert Curtis, and Tucker had the policy
issued to secure the Indebtedness to her.
In 1879 the mother assigned the policy as
collateral security to her son, by consent
of all parties concerned. In the same
year it was taken into court to test the
legal ownership, on complaint Of G. III.
Gilman and wife, who disputed posses
sion. 1t was decided in favor of Curtiss.
After the death of Tucker the policy
was presented and was repudiated by the
company. Invent to the Superior Courts
IN San Francisco, and CurtiSS was given
judgment for the full amount. The COM
pany moved for a new trial, which re-
suited in judgment again being given for
Curtiss. The company then appealed to
the Supreme Court, on technical grounds,
and 1t was submitted in September, 1890.
1t has been resubmitted and argued four
times since, with the result as announced
yesterday. 1t has been eleven years in
the courts and has been vigorously fought
all that time.
'.Curtiss considers it one of the cases in
which the proverb, BE sure you are
right, then go ahead can be applied
Alter Tucker took out the policy he
tailed and was unable to pay the premi-
u1ns. Curtiss paid them for him to keep
the policy alive. He has two or three
other similar cases in hand, with equal
show Of success"
In relation to this somewhat remark
able case the plaintiff, G. l.. Curtiss
writes as follows to the RECoRD-UNIoN:
My parents. the late l.. NJ. Curtis, Mrs
Esther Curtis and myself, were residents
of your city for many years, and | in
herlted all the Capital Hotel litigation
through them, in which | was successful.
Though II lasted for many years,lit COM
pared tavorably without this legal struggle
There have been score of people di-
rectly or indirectly interested in this
policy during its twenty-one years of
existence who have passed TO another
world where there are are no legal battles
TO be fought or life insurance companies
TO battle.
1.-THE late Judge C. H. Swift was once
the holder Of this policy, also W. 2. Cole
man and his bank. No less than four
prominent lawyers engaged in this strug-
gle have gone where Blackstone is not
quoted, including Henry Edgerton, my
counsel, and George +. and William
Sharp for the defense.
while this contest and struggle has
been fought inch by inch, and as slow as
the hinges Of time, it has changed from
$4,000 III its life 10 $4,000. 1t was tried
four times in the Superior Courts of San
Francisco, and heard four times in the
Supreme Court. Your citizens, or many
of them, have watched the progress of
the law and made many trips to San
Francisco in lending their aid for the
right.
you will do lasting kindness all
around by reviewing the history of the
case. G. l.. CURTIss."