Evening journal., 1895-12-19
TOWNSEND INSURANCE
He is Fighting the Common
wealth in the Courts.
JAMES MORROW esTs A VERDICT

Mrs. Boyd Loses the Superior Court Eud
OF Her General Manager
Hayward Prevented BY Hemorrhags
From Appearing IN Court as n wit
ness
Martha A. Boyd lost her suit Ia the
Superior Court yesterday afternoon, the
jury after taking three ballots, return
ing verdict OF $l.706 81 for the de-
fendant, James Morrow Messrs Hsr
man and Knowles. attorneys for Mrs.
Boyd, says that this verdict will not
materially affect the suit now pending In
chancery between the same lltgsnts.
The Commonwealth Beneficial AssociR
tion, b. a, and Harry Townsend,
administrator Of Harriet N Webb, p. b
r we're the central figures In the next
cause put on trial They had previously
posed In Magistrate SAsse's court, but in
different roles The Commonwealth did
not like the way In which the msgis
terial drama ended and vent up to the
Superior Court for an encore. IL was
represented by William T Lyman
Thomas Davis. Townsend's lawyer vas
Philip Q Churchman
Mr. ChurchmRn in his opening, said
that his client had been Induced to 20
into the association BY the false repre-
rsntstions Of its agent. He insured his
mother, and when she died the association
did not pay the Insurance., which, wi ID
interest accrued, amounted to $l20
Townsend had jast taken the stand
and been sworn when court adjourned
This morning Townsend was asked to
leave the stand Ia order that other wit
nesses might be called
was an agent Of the association
when the Webb policy was written,
said Charles a. Collins under oath. II
had authority TO issue applications for
insurance and return them 10 the CON
pSny for approval l also had the au
thority to deliver the certificates Of
Insurance
1T was represented TO me by the agent
Of the association that | would pay 8
cents lees q week with them and the
benefits would only be s. less thsn II he
remained In the Prudential company.
said Townsend and followed this up by
describing the circumstances attending
the taking out Of the policy and the III
ness aud death Of his mother
Collins, being recalled, Acknowledged
that he induced Townsend TO change
companies He told Townsend that be
would become Immediately beneficial II
he made the transfer. II he was paid up
with the Prudential Company
Account books belonging to both com
panies, the application for q Common
wealth policy and the policy Issued upon
that application we're submitted In
evidence Immediate Benefit" was the
Inscription upon the Commonwealth b
account hook Collins testified to the
accuracy Of the accounts In this book,
and stated that the money WAS paid Ia
him by Townsend and receiptsd for
Collins said that be was authorized 70
offer special inducements by Cosrlea
Hayward, general manager for Delaware
De promised Townsend immediate and
full benefits and General Manager
Hayward ratified bis action aud issued a
policy with that underst ,nding. He de
livered the policy TO Harry Townsend,
who paid the premium in weekly 10
stsllments
Mr. Hayward. the sx- general manager
of the Commonwealth, was called, but
did not respond. Instead a certificate
Was resd from Dr. Peter Cooper Inform
ing the court that Mr.. Hayward had had
hemorrhsge from the mouth and nose
and WAS not In condition TO appear.
Court ordered adjournment until 9
O'Clock, by which time it Is hoped he viii
be able TO appear.