The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-03
TKIcKs OF INSURANCE AGENTS.


Policy Holder kesists Payment of Pre-
MUM because of Them.
An interesting suit relative to life insur-
snee companies was on trial before Juc &c
Osborn yesterday in the case Of Frank T..
Thsyer against Frank b. Wrestling, 10 re-
cover 1915 on q note given May 8. Is %. in
payment of premiums on two life insur-
snce policies. The New York Life Insnr-
snce Company is at the back Of the prose-
eatIon. In May, 1888. according 10 the
plaintiff. Wrestling applied to the CON-
psny for 81 0 coo life insurance on the dis
tribution policy" plan, selecting the TWEEN
ty-ycar distribution policy; and signed an
application that contained the following
condition:
''That inasmuch as only the officers at
the home Office OF said company ia the city
OF New York have authority TO determine
whether or not q policy shall issue on any
application. and. as they act on the writ
ten statements and representations re-
ferred 70, no statements. representations,
promises or Information made or given BY
or To- any other person shall be binding on
said compsny. or in any manner affect its
rights. unless such statements, promises,
ETC.. be reduced to writing and presented
10 the officers OF the company at the home
Office"
In accordance with this application the
company issued 20 Wrestling two policies
OF s., 600 each. The note was delivered by
Wrestling to Barber & Mitchell. who paid
the premium to the New York Life Insur-
snce Company, after which the company
transferred tho note back 10 Barber Il
Mitchell, who in turn transferred IL TO
Frank K. Thayer, the plaintiff.
The plaintiff introduced q number of
lstters signed by Wrestling proving that
be was satisfied with the plan of insurance
o. presented, and In one letter he admits
having carefully examined the policies
and pronounces them satisfactory. Other
letters we're read asking for delay In the
payment of the note. owing to the hard
tines, with final letter asking for can
esllAton of the policies on the ground that
he found IL impossible to carry the insur-
snee.
The defense attempted to show that
Thayer was not acting as an individual.
but was a representative of the New York
Life Insurance Company and acting In its
interest. This was ruled out. as well as
oil allegations of fraudulent representa-
tons alleged to have been made by Web
bsr TO Wrestling when seeking the insur-
snce.
wiestling's answer, filed with the COM
paint sets forth that about May s. 1898.
- Weber, q solicitor, representing
himself As the only agent of the New
York Life Insurance Company, said he
was authorized 10 seek out all the repre-
sensitive men in the Northwest and write
up distribution policy" contracts on the
limited payment plan. that Is a twenty
year payment life policy. but at lower
rate than the ordinary twenty-yesr policy
He represented that he vas authorized
solely TO write up a peculiarly and
especially beneficial policy to the
policy holder: that such policies
would carry lower premium and
would cost less than the ordinary twenty
payment life policies, for the reason that
his company was DESTROYS Of introducing
It's business into this community; that DO
sas only authorized to insure and write
representative business men OF this state;
that he was writing but limited amount
OF said Insurance and VAS particularly
tnxtoas TO obtain the name OF Frank =.
Wrestling as one OF the said specially
selested policy holders. representing thar
We policies would be cheaper and better IN
every particular than what Wrestling
eonld obtain i'm any other reputable lite
Insurance company. Further, the agent
saAeged To have represented that after
nree years Of existence, in case ola With
dfswal the company would pay three
ssenHeths of the face of the policy aud 80
&C az 30 twenty years, that Is in case OF fhe
sishdFaw al thereafter, Wrestling would Re
satit!ed - paid-up issuance st par ~ pro-
PORTION to twensy wears. IS the number OF
years passed after the insurance OF the
ReQose3 policies. All these representa-
tiens Wrestling saws were false; that Web
e*f wAs al expert insurance solicitor AMI
h.sde these representations with the Intent
10 detraga WlestlinS, that the Tvs policies
were not OF the kind promised, being eFd1-
BAY life policies. costing more than an
efdtnafy LIE poaeY in the sane company,
secosciss 10 their current market prices %
Insurance, and instead Of being twenty
fAYmeni 3te policies. gave Iso-ySars term
Insurance ~ a higher rate than - eFdi-
haray charged for a two-yssrs' term IN
ssfsace IA that company. The poisels>.
ne alleges. did not contain any OF the con-
esiens promised and agreed on VIA
Nsbbsr.
The case vas given to the jury about !
ee'ock with sasIruetloas - return seated
Verdict.
has~iton eve. Notice Of Appeal
Harvey ". knowlton, alias "Rehes