Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-11-05
THE DISPENSARYLAW
MOTION TO ADVANCE A CASE IN
yoLvING THIS ACT.
An INTERESTING INSURANCE CASE
p.xmeut Of Death BENEFIT Refused
uecause the Insured Was Com
planning when He Received h's
PoIicy-Other Causes Heard.


Appeals was In session yesterday. Ihere
were morning and afternoon sess'ohs'
and the Court rose at o'clock ao-
journing until 10 o'clock THIS morhins'
Judges Goif, Simonton, ana bra"'ey
were on the bench In the morning anu
Judges Goff, Simonton, and Purneh sat
In the afternoon.
Mr.. William A. Barber. Attorney-Gehe-
raj of South Carolina, made an apphca-
ton for the case Of J. @. Strobel. ct ALL
anneIIant VS.. M. Ferst's Sons &c Co..
appellees, appealed from the Circuit
Court of South Carolina, to be adVahceo
on the calendar The application was
opposed by Mr.. T. M. Mordecai' Vi
Charleston. s. c. The question at issue
involves the dispensary law. and Attor-
ney-General Barber urged that the case
should be brought up at this term Vi
court, so that 1t might be decideo De
fore the South Carolina Legislature
meets In January.
The case OF w. Fl. Baker. appellant,
VS.. Walter Baker & Co., appeilees' APP
peal from the Circuit Court, western
District Of Virginia, on motion Oh APP
pellees to dismiss appeal. was argued py
George G.. Grattan, Of Harrisonpurg'
vo and William l.. Putnam, of Boston,
Mass. for appellees, and by X. t. BAR
ton. of winchester, Va, and submitteu'
No. a24. Rose X. Copes. plaintin III
error VS.. New England Mutual ACCT
dent Association, defendant In error. IN
error to Circuit Court, District OF South
Carolina. Dismissed by consent.
AN INSURANCE CASE.
Tho only case argued in the afternoon
was No. 225 on the docket, the Man
haitian Life Insurance Company. OF New
YORK plaintiff in error, vs. Agnes 3.
Carder. by etc, defendant in error. In
error TO the Circuit Court OF West VIZ
einja. Cause argued by T. w. Enslow'
of Huntington. w. Va, for plaintin IN
error and by MALCOLM Jackson ana Johii
IT. Holt for defendant In error.
This case has been watched with much
| interest by insurance companies anu
| other Interested persons. The argument
will be concluded this morning. Inc MS
tory of the case is given below:
In the early part OF May, 1893, A o
Carder. a resident Of Huntington, W.
Va. was examined, and made appnca-
| tion for two policies on his life In the
Manhattan Life Insurance Company OF
New York. One policy was for so'cc'
and the other for 5000. Both appiica-
tions were granted. and In the latter
part Of the same month they were ten
dered to Carder by an agent or the COM
pany named Henry, but he refused u
accept either of them at That time.
| On the I'D day of June, 1893, ). .:
Thompson, another soliciting agent Oh
| the company. came to Huntington with
the 5000 policy, and In company WIN
| Dr Grooms. the examining physician FOR
the company called upon Carder, who
was sick in bed at the time, and urged
him TO take the policy Carder was re-
nctant to take IT, saying that he had
no money with which to pay the pre-
m,um. thompson insisted and oifered
to ACCEPT a note in place OF the cash.
| Thereupon Carder yielded, executed MS
note for $3.50 the first quarterly pre-
| MUM, and received then ana there' az
| the hands of Thompson, the policy as
well az a receipt for the premium.
Carder seems to have been suffering
| the time from gastritis, or. as DESCRIBED
| by the physicians, from slight irrita
| ton of the stomach. He was not con
| sidered dangerously or even seriousi'
sick. Under proper diet he improved am
went about his business. Finally, on IN
18th day of July. he worked In ms oen'a
| office until nearly noon, and then went L
| dine with his brother-in-law, MI
| Kraft. where. after drinking some beer
he ate heartily of veal, tomatoes. an
watermelon: returned home. where n
overheated himself by moving the gras
in his ward. and died the next day iron
cholera morfns.
THE COMPANY'S CONTENTION.
The amount of two premiums paid wa
offered to the administrator OF the es
tate hut he declined TO accept 1t, an
demanded the payment Of the policies
This was refused, hence the suit, the
insurance company contending that n
well considered case can be found ina
holds where the stipulation in the con
tract for a policy of life insurance u
that the policy should be delivered an
received while the assured is in goo
health. that the agent who/delivers th'
nolicv TO the assured while he Is not !
GOOD health thereby valves that part G
the contract because It is an uDderlyin
. and essential part OF the agreement Una
no agent can dispense with.
Hon. Thomas r. Purnell. the newiy-aI
no,nted United States District Judge 70
re- Eastern District of North Caroline
made his first appearance in court TIL
morning. -,
Mr.. Thomas C. Chapel, attorney. quail
fed to practice in this court
Mr.. William L. Royal and Judge j.. !
Lewis will appear before this court ne'
Monday morning to present the resoi'
tions adopted by the Bar ASSOCIATION re,a
live 10 the death of Judge Waller
Stan,es and Attorney-General r. TaylC
scott Mr.. Royal will present thos
,onch,ne Major Scott and Judge Lew
those on Judge Staples