Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-11-11
FOR THE INSURANCE.
CASE INVOLVING POLICY on KEE-
LEY INSTITUTE BEING ARGUED.
WAS INSURED As 4 DWELLING.
The Company Makes This Plea, hat
the Proprietor Claims That the
Agent Knew the Uses of the Build
ing when He Wrote the Policy.

The suit OF S. G.. Glover, proprietor OF
the Keeley Institute, which was de-
stroyed by fire at Ashland February g.
1926 against the National Fire-Insurance
Company, OF Baltimore, came up for ar
gument In the United States Circuit
Court of Appeals yesterday. Hon. VIII
liam Pinkney Whyte, of Baltimore. eA-
Governor of the state of Maryland. APP
peared for the insurance company, ana
MIR. Charles V. Meredith represented d.
clover. MIR. Whyte opened for the lie
fandant in error. and the case VIII De
concluded to-day.
The record shows that the action was
brought by the appellant for $3.50 UPON
2 policy Of insurance issued for term
from May %, 1898. to May G. 1886, by the
anneIlee company upon house situated
In Ashland, Va, and which was destroyed
by fire on February 3, 1896
The defence made to the action was
that while the house was insured and de-
scribed in the policy as ION the three
story frame, metal, or slate-roof puiid-
ing occupied as a dwelling ye' at inc
time of the fire 1T was occupied as
Kelley Institute. The plaintih's reply "
that defence was that the appellee con-.
many knew from the conversation mao
between its agent and DR.. Glover tnat IL
was being then occupied as heeiey IN
stitute and that the description was
written. not upon information derived
from him. but by said agent, OF ms own
volition and without seeking any iniormd-
ton from the plaintiff. ,.,
Judge Simonton rendered oeeisioI
against the plaintiff in the United states
Circuit Court for the Eastern Dlstilct VI
Virginia.
OTHER CASES ARGUED.
other cases argued and submitted yes
terday were: 49,,
No ga. British Steamship Elton, APP
pellant vs. George Grant, appellee. Ap
neal from the Circuit Court OF SCUM
Carolina. Cause argued by j. Parker
Kirlin, Of New York, for appellant anu
by w. Huger Fitzsimons, OF ChariestoH'
s. c.. for the appellee, and submitted.
No. 245. w. II. Baker. appellant, w.
walter Baker & Co., Limited. appeiiee'
Appeal from the Circuit Court or the
Western District of Virginia, AT has ~
sOnbuTg. On 1nOlIoI VI oPPN~~ -.
miss the appeal. Opinion by Judge el
monitor. Appeal dismissed with cos's'
Argued at the present term.
No. 237. George S. Briggs ct al APP
nallants. VS.. c. Richard Taylor, appeiee'
Anpeal from the District Court, Eastern
District of Virginia. at Norfolk. cause
argued by Edward X. Baird. Jr., OF NOT,
folk. Va. for appellants and by floyu
Hughes. of Norfolk. Va, for appellee anu
submitted. enc
Tbe court handed down opinions in the
following case:
No. 225. Manhattan Ll1e-lhsurahce
Company. of New York, plaintiff In er-
ror. VS.. Agnes S. Carter defendant III
error Error to Circuit Court OF west
virginia. Opinion by Judge Simonton.
Judgment affirmed with costs. Arsue'
at the present term. W.
Edward r. Baird. Jr.. OF Norioik, va
and w. Huger Fltzsimons, OF Cnariestoh,
8 C.. were admitted as attorneys anu
counsellors of this court, after taking ana
subscribing the usual OATH
The court will reconvene at ~ clooA
this morning with Judges Con, Brawiey'
and Purnell on the bench.