Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-05
THE UNITED STATES COURTS.
Decisions Uended Down-Cnses Argued
md Submitted.

The United States Circuit Court OF
Appeals met Yesterday morning. the
Chief Justice and Judges Goff AMI Sey-
mour on the bench. s. S. +. Pattes01
Richmond. n. Dubois Miller, Of rnna.- -
phia: f. L. Buttrick, Charleston, w.
Va; j. $. Clark. Philadelphia; j. +.
Brown. Charleston. W. Va; II. T. Vim
son. Huntington, w. Va, and Eugene
Elicott. Logan. w. Va. were admitted
az attorneys and councillors,
AN INSURANCE SUIT DECIDED.
The Court handed down rs decision In
the case OF the Phoenix Assurance Com
pany. Of London plaintiff In error, VS.
the Franklin Brass Company defendant
I'm error The Judgment Of the Onltcd
states Circuit Court for the Western
District of Virginia was reversed. ana
the case romandcd for a new trial
This was one of four suits Instituted
by the Franklin Brass Company, ot
Buchanan. Va. against four insurance
oompanics 10 recover the amount OF
policies agcregating some twenty-five
thousand dollars which the brass com
psny contonded had been issued II. ana
were in force at the time Of the fire
which destroyed their factory.
The policies were issued before the
factory was completed and provided that
when the brass company was ready 10
commence manufacturing the insurance
COMPANIES were TO be nouncd, ana a
| new rate adjusted. The brass company
lighted the fires In It's engine and started
| its machinery. ana some IWo "Se ~
afterwards the factory was destroyed 10y
! a fire which started from the engine
| No notice WAS given the company uha'
| the fires had been started and the ma
| chinery put in motion. me lnsufan nc
OLD iffnt
! policies were thus avoided. The brass
| company contended that II was not Ieady
| to commence manufacturing, Dut were
! merely engaged I'm testing their ma
| chincrv. 80 that they might ascertain
! whether they were actually ready 10
| commence. The policies also provided
| that the risk should not be Increased
| without notice to the companies:
| The United States Circuit Court a'
| IVnchburg gave judgment against the IN
surance company. and from this ludgrmen
an appeal was taken. The Appellate
| Court reversed the Circuit Court an'
without the consent Of the nsuranc'
| companies the policies were avoided, an'
there could be no recovery. ~.
Judge Waller r. Staples and Mr.
| Beverly H. Munford appeared as coun
\ sci for the Insurance COMPANIES; an
| Mr.. II. O. II. Kean and Major Thoma
| T. kirkpatrick for the Franklin Bras
| Company. ,,,,.>.,,
| ~ 1 ilI4i VI iANlC+N'''
| Opinions were also handed down In I'M
| following other cases: o.
| Southwest Virginia Improvement CoHi
| pany. plaintiff in error. VS.. Nicola fIaIi
| In error To Circuit Court Western DlS
trict ~ Virginia. at Abingdon. Affirmed
W. s. Thomas and G. s. Bruce, ,ep
| pellants, vs.. Nautakala Marble ana III
| COMPANY. Appeal from Circuit Cour
Western District of North Carolina
| III
James J. EiTrert ct ais. appellants. VS.
Samuel =. Craps ct ais. Appeal iron
| Circuit Court Of South Carolina, at Co
lumbia Affirmed, with costs. -.
South Carolina Railway Company. Ap
| peal from Circuit Court n)istriet
| South Carolina. at Charleston. Deere
for sale of road affirmed Reversed as I
allowance of claim Of Lackawanna Goa
and Iron Company as preference
Edge Moor Bridge Works. plaintiff Il
error. vs. Lewis y. Fields. In error I
Circuit Court Western District OF vi
ginia, at Lynchburs Aihrmed' VIII
BEFORE Chief-Justice Fuller and Judge
Seymour and Simonton the case OF Jon
r. Read. trustee, appellant VS.. Iatl
G pingess. Appeal from Circuit Cour'
District Of West Virginia, at Charles
ton. Argued by 4. T. Ninson. OF Hunting
ton. W. Va, and j. $ Clark, OF Phila
delphia. for appellant, and \. Dubol
| Miller and James H. Ferguson lOi III
appellee. and submitted.
Court adjourned until this morning.
UNITED STATES CIRCUIT COURT.
The United states Circuit Court wa
also In session. Judges Hughes on Tn
| beCch
The grand jury found the. followin
true bills: j. Lowry, for mai-roboery
four cases; George Cox, passing counter
feit monev-one case; J. \. Hesler. sell
ing liquor without license-one case
Lawrence Bird, mail-robbery-one case
Lawrence Taliaferro assistant postmastt
| "a SOS. .JOhn Jones, passing counterfeit
money-one case; Carter Wallace
forgery-One case.
The case of Taliaferro was postpone
until November 2lst. The case or Wa
lace will be heard this morning.