The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-21
1T WAS NOT CANCELLED.
CContinued from E.iehth Paee)


tain other Insurance, ne waived the con-
dition Of the policy under consideration
and that 10 would be a fraud on the rights
Of Way under those circumstances TO
hold him bound by that condition Of the
policy to the extent OF avoiding tho
same. j. viii Doc observed. gentlemen.
that boy tue pleadmg the good faith Of
this plaintiff as not assailed In any man
uer.
HE IS presumed therefore % have
acted Do good faith, ana If C appears from
tine evidence he was entitled 10 Insurance
u he could get g. and II the defendant
company would grant it's written permis-
sion, or by itself or its agent waive The
conditions, I charge you ~ you find the
iacts 20 be as have stated them, that il
amounts In law 20 q waiver on the part
OF wilson Grady ami therefore OF the
company, ot the condition of the policy.
In that view of the matter YOU cannot
defeat the right OF the rla'aum 10 re-
cover because of that condition. The
agent oi an insurance company Will not be
permitted by the law TO aid one Of It's
p0hcyholders in taking out additional
insurance, keeping the latter ignorant Of
ms purpose, FOR the secret purpose OF
avoiding the policy 10 already has. even
though that additional insurance may be
taken out contrary 10 the letter OF the
policy. The law viii not permit tho com
any moro than 10 viii permit a man 20
profit by his own wrong. Enough on
that plea
This brings us now 10 the considera-
non OF the next and only other plea
lnterposed 20 defeat the piaintihs action
and that Is that the policy was cancelled
bS the action OF the company before the
loss occurred This plea is framed under
TINS clause Of the policy. Omitung un-
important language, this clause reads as
follows: The insurance under this policy
shall he terminated at the option OF the
company on giving notice to the assured
ana reminding or Offering to refund In
current funds a ratable proportion OF the
premium for the unexpired term.
Now gentlemen. you viii recall the tes-
bmohy of Mr.. Wilson upon this subject.
lie stated that when Way advised him
81 his desire TO obtain additional insur-
anee while aiding him In the effort TO OLE
tan the same from other companies. and
was aiding him 10y his telegram Of the 26th
20 open negotiations With his OWE COM
Idny' wilson al the same TINE wired his
company not To- grant the additional In
sntaufe but also 10 cancel Ways policy
lie testified further thar on the day he re-
ceiVed notification of the fact that Way
had obtained the additional Insurance. he
also received a letter from hls company
ore ting hun To- cancel the policy. Ths
letter is In evidence before you. and is
ms follows
Jan. 20, lS9i-Messrs. Wilson y Grady.
savannah, Ga.-Dear Sirs. Added TO the
cancellation of other country dwellings,
We VIII have 10 ask you 20 take up that
or Col Way ii Is true that this Is only
Tor 5000, but these risks have cost 40
much money as 60 make 10 necessary
that We retire from them. I regret the
tfounle We have given you CA this class
We are, dear sirs very truly yours.
barbee q Caatieman. Manugers'
iOu VIII also bear In mind that VIII
son testified that he communicated 10
Baroee d Castleman. whether bv wire
oc letter I do not remember. and IL IS
not important. that he desired the main
Once 90 give him the reason for the can.
collation. Of the policy. because he did
not wish TO offend certain friends Of MIR.
Way. This letter ! have Just read %
you he stated was Ia RESPONSE to that
request and you VIII observe. gentle
men, II says nothing whatever about
the additional insurance. and The court
ADVISES you, therefore. that IL does not
relate in any sense 90 the second clausc
81 the policy on that subject, which we
have aiready disposed Of II relates to
the eleventh clause which / have just
ictH 10 YOU IN View Of which the com.
p@hy has the arbitrary right 10 cancel
the policy whenever IL thinks proper to
do so, by strictly complying with the
terms ot the provision OF the policy IT,
self ana not otherwise. The ground
upon which Barbeo & Castleman put
this reason for cancellation Is not i'm
portant except that IL Is not the ground
Of the additional insurance
'Ihe ground is that il is "A country
dwelling and that these risks have lost
them so much money as to make IL nee
essary to retire from them. The testimony
Of wilson IS that on the same day he re-
ceived this he wrote Col Way as fol-
lows: We have your favor OF the 9th
Crhts Is, gentlemen. you Will remember,
tho letter signed by Mrs. Francis VI. Way,
in which they are notified of the additions
al insurance. BY same mail we have LETT
ter from the company asking US to can
eel 5000 in the Royal Insurance Company
upon this risk. AS the loss under this pol
icy IS made payable to Charles -. Fisher,
We have also notified Mr.. Charles n.
West his attorney and requested the re-
turn of said policy. / regret very much
this action on the company's part, and
now am sorry we 9skeds them II they
would accept additional line. Yours
truly, Wilson q Grady.'
II may remark the sorrow which Mr..
Wilson expresses is not altogether ex-
planned. in view Of the fact that he adj
mits that he wired or wrote to accomplish
precisely the result which the letter
pointed OUT.
He testiiies further that he attached
the letter from Barbee and Castleman
to this letter and to the two pinned "A
check for SG.1J. the pro rata of The I'M
earned premium on the policy. Written
on. the margin are these words: I'VE
enclose check for a pro rata cancellation
OF policy. amount S6.15. signed W. and
c." Mr.. Way denies that he received this
check. Mrs Frances NJ. Way who testi-
iies she opened the letter, swears posi-
lively that it did not contain any check,
and that she called her husbands atten-
ton to the fact at the time, and to the
marginal reference stating that ii had
been enclosed. Mr. Way states he took
this back to the office of Wilson 2 Grady
and called the attention Of Mr.. Grady,
VINO was present, to the fact that the
letter did not enclose check and asked
him to erase the marginal reference, stat
ing that the check was enclosed. He
states Mr.. Grady made the ensures which
appear on the paper, and Mr. Grady HIM
self admits that he did. 1t is stated,
however, most emphatically' to use the
exposition Of Mr.. Wilson, chat the check
was sent in the letter attached to the
letter and his office boy states that he