Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-04-07
TROUBLES OF THE woULD-BE CZAR
ARE MULTIPLYING.
$4,000 DAMAGES DEMANDED.
EACH OF HIS FOURTEEN BONDsMEN
MADE A PARTY DEFENDANT.
Mutual Life Insurance Company, of
New York, Seeks Redress for Be-
ing BaETcd From Doing
Business I'm kansas
The Petition.

Mutual Life Insurance Company, Of New
York, filed suit for $4,000 damages, this aft
ernoon. against Insurance Commissioner
Webb McNaI and his bondsmen. The pc,
tition alleges that the company has beer
damaged In the sum asked for by the re-
fusal of McNall TO grant it a license to dc
business in the state. McNalIs bondsmer
are W. II. Haskell. George r. Parker
Henry Williams L. c. Uhl, r. N. Pickler
D. NJ. ReIihan, H. c. Smith, j. H. Detwiler
Lair Dean, 2. l. BonebraSe, w. Z. Sterne
z. w. Cline, C. y. Fellows and L. d. Nc
Kinley.
II is understood that the New York Life
Insurance Company and the Connecticut
Mutual Life Insurance Company, 10 which
licenses were also refused. and for the
same reason, Will file similar suits for dam
ages in q day or two.
The petition in the suit of the Mutual
Life Insurance Company, OF New York, is
as follows:
THE said plaintiff. for its cause of action
against said defendants, alleges that it is a
corporation duly organized and existing un-
der and by virtue of the laws Of the state
said state. having its principal place of
business in the city of New York. in said
state, and was and now is duly authorized
10 de and carry on its business in the state
of Kansas under the law.
That said defendants, and each and ali
itants of the state of Kansas, and the First
division thereof
THAT the amount in controversy in this
action exceeds the sum of 5000. exclusive
OF interest and costs, to-wit the sum of
s20.0OO.
THAT on or about the 9th day of jan
uary. A. d. 1897. the said defendant. Webb
McNall, was duly appointed TO the office of
superintendent OF insurance Of the state of
entered upon the discharge of his duties as
such superintendent and Is now, and was
al the dates hereinafter mentioned, the
duly appointed, qualified, confirmed and
ecting superintendent OF insurance OF the
state of Kansas T.
That, thereupon. upon the 18th day of
January. 1897. the said defendant Webb Nc
Nall pursuant to law, made and executed
certain bond in the sum of $4,000. payable
lows, to-wit: That IL the said Webb Nc
Nall, superintendent of insurance of the
discharge ali Of the duties of said Office.
according to law. and truly account for and
turn over to his successor all moneys.
his hands by virtue of his office, then this
obligation 10 be void and of no effect; 9TH
erwise to be and remain in full force.
marked Exhibit A. Is duly attached to
this petition and I'M made M part hsrsGf reef ooae
PENDANTS herein duly signed and executed
said undertaking and bond as sureties of
the saie McMall as such pS snpSerin5endent s zen OF OF
about the Goth day OF January. 1897. dnly
accepted fled and approved as required by
law. and thereupon became, and ever since
has been. in full force and effect This
plaintiff further AYERS that the said de-
of insurance of the state of Kansas did not
and has not well and faithfully discharged
all the duties Of his said office according 10
law but did. on or about the 3rd day of
March. 1897. make default therein in this,
to.Tit: 49,. ,,a +,o m,,,,, 1ise Insurance
Company of New York, plaintiff herein.
had been carrying on its business in the
state of Kansas for the twenty years last
past. That II has expended legitimately
ing it's said business I'm the state of Kan
sas, large sums of money, to-wit: More
plaintiff is a life insurance company organ
lied for the purpose of issuing policies of
insurance upon the lives of individuals upon
the mutual plan, and had and has in force
in the state of Kansas. on March :, 1SyI,
the sum of $65. 81. 900 of insurance upon the
lives OF individuals. representing over 3.oOq'
policy holders in said state. That on the
Srd day of March, 1897, this plaintiff was
perfectly solvent and had done and per +
formed every act and thing by IT TO be done
and performed to entitle it 10 a certificate
from said superintendent of insurance of
the state of Kansas to do business in the
said state for the year ending February =. ;.
1893 and was legally entitled to such cerf
tificate. which 1t was the right and duty of
tho said McNall, as such superintendent of
insurance, TO issue I
That on or about the 18th day of March 4
1880. one Sallie l.. Hillmon commenced int
this court her certain action upon cert
tain policy of insurance issued by thi4
plaintiff upon the life of one John W. Hill
mon. her husband, against this plaintif foI2
the sum of $4,000 which action was based
upon false. fraudulent and fictitious
claim. to-wit: That her husband. one John
w. Hillmon, had heretofore. on or about
the 18th day of March. 1SI9 died from the
effects of n certain gunshot wound. and
was dead at the time of the commencement
of said action. whereas. in truth and I'm
fact. the said John w. Hillmon did not thus
die and was not dead at the time of the
commencement of said action. but was at
tempting to palm off and impose upon this
plaintiff the body of one Frederick Adolph
Walters. whom he. the said John w. Hill
mon. had murdered for the purpose of OBJ
tanning payment upon said policies of life
insurance.
That in this said court this plaintiff, as
defendant in said cause. had legally and
successfully resisted the payment of said
fraudulent claim for over sixteen years but
said suit was at the time herein mentioned
still pending and undetermined. and by
Of the isS vas 81 set b, for trial at
That the attorneys of said Sallie z.
Hillmon had prosecuted said suit at their
own expense and were entitled, by agree
ment with Mrs. Sallie +. Hillmon. TO
contingent fee of 50 per cent of the amount
recovered, plus all disbursements by them.
and that their compensation WAS depend
tion. the said plaintiff therein. Mrs. Salns
L. Hillmon, being wholly insoIvent.
That the said defendant, Webb McNall
and the attorneys for the said Sallie F.
Hillmon In said fraudulent suit were and
are personal and political friends ana asso-
ciates. and at the special instance and re-
guest of the attorneys for the said Sallie Z.
Hillmon. and for the sole purpose of en-
sbling them TO collect and obtain the said
contingent fee and recover the amounts
which they had expended in said cause
notwithstanding the defendant, Webb Nc