The daily morning journal and courier., 1895-12-21
JUDGE wHEEhrR's FINDING.

JUDGE WHEELE FPS FINDING. An Interesting Review of the Facts in Suit
 of the Fullers Against the Metropolitan
 Life Insurance Company,
 Judge Wheeler has filed in the su- peior court his finding in the suit of R. Austin B. Fuller and Harriet A. Full Ter of New Haven against the Metropol- itan Life Insurance company. If all the documents in the case can be print ed in time it will be argued before the supreme court judges in January, Some $1OO,OOO is involved in the suit.
 Judge Wheeler's finding in substance is as follows:
 l find that every act done, paper filed or suggestion made, aJs aforesaid by the defendants said counsel, was for the purpose of delay of the trial of said case.
 During the years 1872, and the de- fendant, an insurance company located in the city of New York and doing business in the state of Connecticut as well as elsewhere, issued certain pol icies on the lives of the persons men toned in the various counts of the complaint.
 The dates of said policies, the amounts payable, the persons to whom payable, the names of the lives in sured and the benefcia,ies of said pol, icies are correctly set forth in the judg- ment herein, to which reference is here by made.
 Said policies of insurance were duly signed, executed and delivered by the proper officers of the lefendant and were in all respects valid contracts be- tween the defendant and the persons named therein.
 In this action the plaintiffs do not contest the amounts paid the policy | holders and beneiciaries ferein by the 1 defendant on account of the reserve endowment. They contest the amount paid them as their reputable propor- l ton" of the reserve dividend fund. l Among other promises and agree ments contained in all of said policies were the following:
 | T'irst-At the request of the assured this policy is issued upon the reserve dividend plan. and the said company agree that should the premiums be paid, as herein stipulated, for ten full yeals from date hereof, and that l should the life insured survive the pc riod of ten full years, said company will pay to the designee of the policy, at the expiration of said period of ten years, it's equitable proportion of the reserve dividend fund in cash and the same to be receipted for to said com 1 pany.
 Said reserve dividend plan of said | policies is set forth in, the book entitled ''Key to the Reserved Dividend Plan, copyrighted by William P. Stewart, the author"
 Said reserve dividend plan of the Key was originated by one William P. Stewart and copyrighted by him ill 1 1871, and was his only reserve dividend plan. It was known as Stewards plan. Stewart was the actuary of the de- | fendant prior to, during and after the issuing of said policies.
 The defendant never had and never used but one reserve dividend plan, and that was Stewards.
 1 Under said reserve dividend plan those who insure in a given year form a class. and a class fund is accumulated l for the benefit of the survivors of the class and called the reserve dividend 1 fund.
 The sources of the class fund are:
 From the ordinary dividends, as al | lowed by the company accumulated upon existing policies. From the &C., cumulated dividends bequeathed to the class by dying members, From the ac- cumulated dividends forfeited to the class by retiring members. From the reserve of all policies lapsing before the close of the class. From the addition of compound interest.
 l Dividends to life insurance policy holders are only a return of the over payments of premium, being more than was needed to insure the risk and pay the expenses incident to the business.
 The defendant had mo right to resort
 to such fund of said classes for the 1 payment of it's expenses or the pay
 ment of any death claims or any other purpose but was compelled to invest the same according to the terms of said plan as hereinafter stated and to ren-
 der to the policy holders, whose policies
 were in force at the termination of
 said class periods just and correct account of said class funds.
 Between 1869 and 1872 the same plan 1 became well known to insurance men