The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-18
TRANSFER TRIAL
Jury Asked to Settle Import
ant Insurance Dispute.
PomrOy Suit Still on Trial--0ther
Court Matters Today.

An interesting case was tried before
Judge Rogers and a jury in the common
pleas division of the Supreme Court TO-
day. The suit was designated on the cal
endar as that of the JOIN Hancock Life
Insurance Company against Thomas
Cogan and another. But the case
tried today was on some lssues OF TACT
that the defendants, Thomas 6ogan and
Felix Letendre, both OF Woonsocket, can
not agreed upon.
The amount OF money involved in the
suit is $1,000. the value OF W insurance
policies, issued on the life OF James w.
Cogan, son of Thomas Cogan, one OF the
parties TO this suit. The latter was bene-
ficiary under these policies, and Letendre
claims these policies were transferred TO
hun by Thomas Cogan with the consent
of John Hancock Life Insurance Com
pany. Thomas Cogan denies the state
ments of Mr.. Letendre.
The issues OF fact set before the jury
are whether in the life time OF James w.
Cogan there was an oral transfer OF
the policies by Thomas CogeD TO Felix
Ietendre, and whether an alleged assign
ment made under seal after the death OF
James W. Cogan by Thomas Cogan was
kaid Thomas Cogan's deed.
An agent of the insurance company at
woonsocket, named Vernier, testified
that after going to work for the COM
pany he was directed to collect the pre-
miums on the Cogan policies, and that
Thomas Cogan refused to pay the pre-
MUM and that ii appeared on the collec-
tion book that only e. 81 had been paid
by I he beneficiary.
Veruier did not like to have the
policy lapse so he began looking around
for someone to buy II. He finally sue
ceeded in getting Felix Letendre, a liquor
dealer, to take up the policy and the lat
ter paid the premiums from July, 1893,
until June of the following year, when
James w. Cogan, the insured died. Wit
ness said at the time LetendTe bought the
policy q transfer was made with the con-
sent OF the insured and OF the company
10 Letendre.
J. j. Heffernan, counsel for Thomas
-Cogan, anked to haze this transfer pre-
scented to the court.
Edwin Aldricb, who was associated
with w. @. Rich, as ounse for Letendre,
said the agent of the insurance company
in this city had been summoned to APP
pear in court and bring the transfer with
him.
When cross examined by Mr.. Heffer-
nan, Verpier stated that he told Letendre
the policies were q good investment and
that he did not see Thomas Cogan sign
any transfer of the policies. The witness
denied that he was 10 receive any money
form Letendre Cor lbs testimony In this
case. -
Felix Letendre testified to paying the
premiums on the policies from July, 1893,
to June, 1894, and that he had given
Thomas Cogan IS and a silver watch Tor
transferring the policies and also paid
James w. Cogan the S2.3 2 that had been
paid in premiums on the policies. Leten-
DIRE denied ever offering TO pay Thomas
Cogan $500 for the policies after the death
+ Of the insured. He also said he had never
seen Thomas Cogan sign any transfer,
hut had been told that he did do so in
the Office of w. q. Rich. after the death
of James w. Cogan.
w. q. Rich testified that he had con-
suited with Letendre and Thomas Cogan
. number of times in regard to the poll
cies and that on Tuesday, August IL, Cognn
and Letendre were both in his Office auo
he took the former into his private roSm,
and there read q transfer of the policies to
Letendre, TO Cogsn. On the latter saying
he could not write, the witness asked
Cogan to touch the pen and Cogan's
mark was made by the witness. The sig
nature or mark of Thomas Cogan on the
transfer is witnessed by W. q. Rich and
by.him only.
In behalf OF Thomas Cogan II is claimed
he did not sign the paper at all and that
when he heard that Letendre had said he
did so the John Hancock Life Insurance
Company was Informed OF his denial.
Mr.. Rich, in his testimony. said the
compan gave him a receipt for the POI
licies when he made his demand for the
payment of the 5000 due on them, but
have refused TO pay them to his client.
The testimony introduced in behalf of
Thomas Cogan was in direct co%ntrsdic-
tion to that offered in behalf of the trans
fers of the policies by the beneficiary to
Letendre, aud Thomas Cogan's testimony
was that he never signed any paper in
the Office OF Attorney Rich as the later
testified in behalf of Letendre.
The trial suit OF Gorham II. Pomroy
Jno others against the City of Providence
was continued today and IL seems prob
BILE that the case will not be finished be-
lore late tomorrow.
The appeals in which own and.city So
l~icitors are interested will be in order
Wednesday morning.
APPELLATE DIVISION.
Matters connected with the Pawtuxet
Valley Water Works were before Chief
Justice Matteson and Justices Stiness
and Tillinghast this morning. The