The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-27
The PHINNEY POLICY.
rxidence in the Great Insur-
ance Case Closed.
s1lNsoN AGAIN ON THE STAND.
- 3 severely Raked by IN Attorney-
Mrs.. sloane's Farewell Letter
TO Her Husband.

rse tee tirnony in the Ph.nney case was
4, ID yesterday by 2 o'clock and argumen,
Seun. Most OF the morning session was
ss.Sen Nd by rebGttal testimony on tha
art Of plaintiff, consisting Of depoSit.ons
q me president and secretary Of the MI
raj Life Company, with which IL IN
n,,ed to prove that the New York Office
rs mover notified Of the exact transac-
cans testified TO by F. L. Stinson. The
ssforneys for Mrs. Painney are trying fo
srvre that Painney at least paid the Sec
"a premium and possibly the third. there
hang no dispute about the first. yhita
tne defense maintains that Phinney well
kasw he could not keep UP the payments
"a surrendered his policy. The argument
vi close this morning.
8, l. Slinsog Was placed on the stand
q the beginning OF the morning session.
II stiis failed 10 explain clearly when
sud how the notes were paid.
Herman Chaplin. OF the Boston Nation
4 bank. was nexl called. He said Phla-
rsy rad a special account with his bang
and also that SsfGsoa owed the bank a
san OF money. lie said that Stinson maid
she bank about SJ.44l, but vas unable Ia
sssts just what relation the check for
gfl had to the payment of the MORT
ages held by Rninney against Stsnson. .
The plaintiff put In rehCttal the evil
61ncs. by deposition, of Richard A. Nc
curdy, president of the Mutual Life COM
pany. and II. +. Duncan. secretary.
Their evidence was that the claim that
the policy had been waived. abandoned
snd rescinded by the mutual contract Of
TIE parties had never been communicate
"a 70 the company In New York: that
the claim that the policy had been sur
rendered TO the company had never been
communicated 10 the company, end that
the only report ever made By any of its
agents was that the second premium had
not been paid, and that the policy had
been forfeited.
A. 3. Forbes. general Pacific coast
agent, gave testimony about the same as
that In the dispositions. This closed the
testimony. and Mr.. Warburton opened
the argument foi the plaintiff. lie con-
tended that the policy had not been for
isited. even though the jury should find
hat the second and third premiums had
rot been paid. because the company had
failed 10 allege and prove that IL had
mailed the notice required by the New
York statute before Ii had the bower to
forfeit the contract. He said that under
the decisions of the New York courts, as
fudge Hanford would instruct the Jury,
No premium was due and payable until
the statutory notice was served In ac-
Ire most favorable view OF the defend
ants testimony. still the contract was
ret forfeited nor the policy surrendered
or rescinded. and the company at all
times had insisted that the policy was for
fsited. but had failed to prove II. He
raked Stinson over the Goals, saving he
pretended to be friendly with Pbinney.
and at the same time acted like a snake
N the grass, ready TO strike at any mo-
msnt. He asked why the defense had not
brought the policy. alleging to have been
loaned TO Stinson for soliciting purposes.
into court.
Mr.. Strudwick followed for the de-
tense. He said he did not intend to ar
que the case on theories. as did Mr.
warburton. but on facts. and on facts
alone, as brought out by the evidence.
He laid great stress upon the statement
OF Mr.. warburton relative TO the lend
Ing Of the policy 10 Stinson. Phlnney
well knew that the policy was void. and
was not worth the paper IL was written
on. and was too shrewd a business man
ana knew too much about insurance mat
tiers TO be hoodwinked by Stiuson or any
enc else. He further stated that Mrs.
Phnney was mistaken when she said
that her husband told her shortly before
his death that he had policy IN tho
Mutual Life for 10000. because IL she
had such a policy she would have pre-
sentsd II for payment at the same time
The other policy for $50. 900 was presented.
L. c. Gilman followed for the defense,
ard spoke on the same line as Mr.. strud-
wick Tie will continue his address this
morning, and A. +. Burleigh VIII close
for Mrs. Phinney.
vital auestion--what baking powder