The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-02
MANY OPINIONS
AREHANDEDD0WN
A Ruling important to the Assess
ment Societies.
A BOND COMPANYS LIABILITY
ymnortant Decision in the Case OF TIC
Ashe,Hle Bank. Against New
York Fidelity Concerns owcns-
Gates Casc-Othcr Opinions


with Judges Con. Waddnl aud Paul pre-
siding. \ large number Of opinions,
many OF them very interesting. were
handed down.
The court yesterday afternoon heard
argument la the case OK the Camp Manu-
featuring Company. appellant, against
Henry Parker. appellee, an appeal from
the Circuit court OF the United States
for the Eastern distric, OF North Caro-
lima. This was argued by Benjamin b.
WInb0rne. OF Murireesboro. y. C., for
the appellant ana by Francis d. Win
ston. Of Winston, y. C.. FOR the appel
lee
Messrs. j. r. Mcintosh, Of Richmond;
J. 1. Hurt. Of Abingdon; Francis d.
Winston. Of Windsor. and Il. b. VIM
borne Of Murirees5oro. were admitted
TO practice In the court
ASSESSMENT SOCIETIES.
Among the opinions handed down was
one in the case Of the Supreme Council,
American Legion OF Honor, against RAJ
chel 5. W. GOOtoe, which is of interest
as bearing on all assessment societies.
The case In brief Is that the Legion OF
Honor issued a. benefit certificate 10
Kelly Gootee. the sum being $3.50, the
beneficiary being his wife, Rachel $. Va.
Gootee The man died and the Legion
Of Honor refused 20 pay the sum named
on the ground that the certificate was
void. Gootee having failed to pay an as
sessment due at certain time, for which
he Yves suspended and never thereafter
reinstated.
In reply to this contention the plain
tiff alleged that even though GOotee had
failed to pay one assessment. yet he
was reinstated by reason OF the defen-
daDts having accepted assessments from
him thereafter.
The case was tried by a jury and n
verdict returned for the plaintiff in the
sum OF s. 1000.
After reviewing the matter at some
length. Judge con held that IN accord
anCo with the laws of the Legion OF
Honor a member who has been suspend
cd reinstates himself by paying the full
amount of his arrears within sixty days
from The date OF suspension He there
fore affirmed the verdict Of the lower
court.
a VIRGINIA CASE.
In the case of james 1. Barcus, Henry
A. Horton. Richard A. Edwards ami
john NJ Thompson. of Indiana. against
Erasmus w Gates, Joseph +. Hubbard,
Robert T.. Craig. the Virginia Mari Phos-
phate Company. and the American Plant
Food Company an citizens Of Virginia,
when case has already been get out at
length in The Times. an opinion was
handed down reversing judgment and re-
manding the case with directions 70 over
rule the demurrer.
This case came up on appeal from the
Circuit Court Of the United States for the
Eastern District OF Virginia. 1t was ar
gued by L. ID. Yarren for appellants, and
John Pickrel and Frank w. Christian
for the apQelees.
Another matter of much interest. as
bearing on the liability OF guarantee COM
panies was disposed OF in the opinion
handed down I'm the case Of the National
Bank OF Ashevile against the Fidelity
and Casualty Company. Of New York
This was an action brought in the Su-
oerior Court of Brunswick. y. c., to re-
cover s.. g76.S5, from the Fidelity Company
mentioned. alleged 90 have been lost
through the dishonesty of its cashier,
Lawrence Pulliam. who was bonded in
the company TO the amount of $4,000
PREMIUM LAPSED.
In this case the annual premium Of $50
on the bond charged by the company was
allowed 20 lapse and while due october
J. 1895 was not paid until January I'd or
sth. 1894 The bank made this payment
and the renewal receipt was dated Octo-
Der |. 1893 which continued the bond In
force until october /, 1894.
In the meantime. after October l, 1893.
and before the renewal premium was PAID
Pulliam had defaulted. having on Decem-
Der 80 1893, gone off. taking 5000 of the
banks money.
The Fidelity company refused payment
Oh the ground that at the time the s5J
renewal was paid Pulham had left the
employ Of the bank and was a deiaulter'
IN the suit which ensued In the lower
court judgment was entered for the de-
PENDANT
After reviewing the case and citing
other Instances bearing upon IT, the find
ing OF the lower court IL affirmed.
SUMMARY OF OPINIONS.
The following is summary OF Che
other opinions handed down yesterday
No. 247. United States Glass company
plaintiff I'm error, VS.. II. Il. MalheWS'
Geo. McKendree. Y. II. Ninson' oeieha-
ants in error. In error no the NiIcul1
Court of the United states for the DIS
irict Of West Virginia. at Wheeling.
Opinion by Judge Morris ReVefsel ana
new trial granted.
No 256 The United states. Appellant
vs. Thomas p. Devereaux trustee. WI
mington Savings & Trust Co., et al
Appeal from the Circuit Court or the
United States for the Eastern District
q North Carolina. at Wilmington opin-
ION by Judge slmonton. Affirmed
No. 257. VOORHEES,. Miller & Co, APP
pellant, VS. William NJ. Blanton. ct al.
Appellees Case appealed from the Cir
cult Court OF the United States for the
Western District OF North Carolina, al
Ashvllle. Opinion by Judge Con- Al
nrmed
4 RAILROAD CASE.
No 2so. South Carolina and Georgia
RAILROAD Company. Petitioner Appellant
VS.. Carolina. Cumberland Gap Chicago
Railway Company, Appellee. Appeal
from the Circuit Court Of the United
States FOR the District OF South Carolina.
at Charleston. Ordered TO be reargued
Ut February term. lSeS.
No pol Wheeling Bridge & Terminal
Railway Company. ct al. Appellants, VS.
Reymann Brewing Company. Appellee
Appeal from the Circuit Court OF the
United States for the District OF West
virginia al Wheeling. Opinion by Judge
SImonton. Reversed and remanded.
No 2G9. George L. Foster, f. H. Jen-
nings, ct al Appellants. VS.. The Elk Fork
OIL and Gas Company. ct al, Appellees.
Consolidated cases. Appeal from the
Circui, Court OF the United States for
the District OF West Virginia. al Parkers-
burg. Opinion by Judge simonton. Az
nrme1