The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-19

lutely no possibility Of their reaching any
verdict.
The suit was brought in Mrs. Ways
name against the Western Assurance
Company of Toronto, Canada. on account
Of the fact that the property and the in
surance policies as well were in her name
One of the policies was for So, 500 on the
household furniture and ornaments. and
another for 81 600 on the residence at Beau
lieu, which was destroyed by fire in Feb
ruary, 1898. There was also sued for 81
l25.. the % per cent. OF the face of the poll
cies allowed under the state code when an
Insurance company acts in bad faith and
fails or refuses to pay a policy without
good and sufficient grounds, and $500 was
also asked as attorneys fees
The basis of the defense was a fraudu-
lent generalization of the property lost
and it may have been that some of the
jurors considered some of the articles too
highly valued, that is higher than they
could be purchased for at the present day.
and for this reason did not see fit to allow
the damages and attorneys fees. The
case was a long one, but in many respects
interesting Col. Ways testimony having
been heard with a great deal of interest
by many spectators who gathered in the
court room from day to day. Ten actual
court days were consumed in the trial and
another was taken up by the jury in it's
consideration of the case before a verdict
was reached. This made the actual cost
to the state in jury fees alone S2SS $24 of
which goes to the other twelve jurors who
were called on the first day Of the trial
but did not serve in the case.
Mr., John Nicolson, Jr. fought the case
nobly for the plaintiff and what he has won
has not been without careful study and
hard work. Doubtless, however he Is
scarcely satisfied with the result as he was
confident of securing the full amount ask
ed. Mr. r. R. Richards, for the defen-
dant, is confident that he has a strong
case and he will recommend that it be car
ried up to the supreme court. Mr.. j. A.
Sullivan, the companys adjuster, says the
company has taken stand in the matter
which it is confident of maintaining and
that it will not be given up until the last
resort has been reached. The chances
then are that the supreme court will have
to finally decide the case within a short
time in case Judge MacDonen refuses to
grant new trial
The impression seems to prevail with
some that the verdict of $4,000 was no more
than was shown to have been offered
by the insurance companies as a compro-
mise This, however, is a mistake. Be
sides the policies of $500 with the West
ern Assurance Company of Toronto, Mrs.
Way had $500 insurance in the British
America. These companies are repre-
scented by the same general agent in At
lanta, Mr.. l.. NJ. Tucker, by the same
adjuster Mr.. J. A. Sullivan, and the same
agent here, Mr.. Gratz Myers. The ag-
gregate insurance with these agents.
therefore, was $1,000, and it is for this
amount that the compromise of $4,000
was stated to have been offered by the
agents representing these companies. The
$500 policy is now in the hands of ap-
praisers, and if a verdict in the same pro-
portion had been rendered on both these
policies the plaintiff would have been
given sc, 2222 %