Evening journal., 1894-03-03
A MATTER OF INSURANCE
Lumberman's Insurance Com
pany's Wants.
HEARING IN THE SUPERIOR COURT

The Company Says II Never Authorized
Hum a stoneor Levi @. Bird to Repre-
sent It and Was Not Notified OF tho
suit-Lawyers Testify in Their Own
Behalf
To-day after the case Of Clarks widow
vs.. Joseph L. Carpenter, Jr., had been
continued until Tuesday. the Superior
Court heard argument on the rule to
show cause why the judgments secured
by John r. Marr. assignee, against the
Granite State, LumbermRn's and Penn
sylvania Fire Insurance Companies
should not be stricken from the record, on
the ground that the defendants had not
been notified Of the action. James H.
/ Hoffeoker represented Mr. Mari, as.
signee of ]. Frank Ruth, whose property
was burned. George II. Bates appeared
for the companies. The plaintiff resisted
the application and Mr.. Hoffecker ex-
hibited letters which went 10 thow that
the company had been duly notified of
the suit.
Secretary Oliver H. Hill, Of the Lum.
berman's Insurance Company, testified
that Thomas Hanlon, who wrote the
| insurance, was an insurance broker and
not an agent authorized to bind the com.
pany, which. had no regularly consti.
tuted agents here. No premiums were
ever paid on the policy assigned to Marr
by Ruth.
Mr.. Hoffecker reviewed the taking out
OF the seven policies, the burning gof
Ruth's property and assignment OF the
| policies to Marr. one Of Ruth's creditors.
He said that four Of the companies noti-
fed him that he must sue for the amount
of insurance, as they would make con-
mon cause Ia the matter. Suit ensued.
Levi @. Bird testified that he was en-
ployed by HUM & Stone we'll known at
torneys Of Philadelphia, to represent the
Philadelphia County, Pennsylvania State.
Lumberman's and Granite State In
aurance companies, In certain suits
brought by Marr, assignee Of Ruth.
gainst them. The suits were instituted
In 1883 Messrs. Bradford a. Vande.
arlft represented the British America,
United Fireman's and Glen Falls insur.
auce companies. who had losses out Of
the same fire.
In the fall of 1893 J. II Hoifecker, Jr,
who represented the plaintiff, effected
settlement with Bradford & Vandegrift.
Mr.. Bird at once communicated with
HUM & Stone, and advised a settlement
in the other cases. A settlement was
effected ION behalf Of the Philadelphia
County Insurance Company, which had
the largest policy, but the other three
companies said they never had author
izsd Hum & Stone TO repre-
sent them Receiving such in
formation from Hum & Stone, Mr.. Bird
asked the courts permission to Withdraw
B his nsme from the record. The court
( granted permission and Mr.. Bird at once
served notice upon the three companies
that he would no longer represent them.
hen they wrote 70 Bradford & Van
{ degrlft 20 represent them, but they
declined TO have anything to do with
, them under the circumstances. The
companies then employed Mr.. Bates.
Messrs Hohecker aud Marr both swors
that the three companies, when they
called upon them after the
fire. referred them to Messrs.
Hum q Stone as their counsel.
The Philadelphia County Insurance.
Company officials testified that HUM &
, Stone represented the other companies by
authority given 10 them by the com
, panies to employ them.
Messrs Hum, Stone, Marr and r. q
3 Bradford gave testimony corroborative
l in its character
Mr. Bates said he rested his case on
/. the fact that no one was ever authorized
to represent his clients until after judg
a ment, for want Of a plea, had beer
I secured. They used all diligence, and h'
I believed the judgment should be opened
) He thought The judgment was irregu
iarly taken, no notice having been given
In his opinion the defendants had neve
had their day in court.
Mr. Hoffecker said that Mr.. Bird noti
Z fed them in November through Hum
y Stone. They should not come in nov
. and plead the baby act. The plaintiff
Was entitled to the judgment, and th
, defendants would have their day II
= court when the amount Of damage wa
: ascertained.
q The decision of the court was reserved
y Court adjourned until Monday morning
= at 10 o'clock.