The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-05-05
NOTED INSURANCE CASE ENDS.
Auditors Report Confirmed in the
Paterson, Downing suit.

PATERSON, Downing suit.
Brunswick Ga. May 4.-The noted insur-
ance case brought by Paterson, Downing
& Co. against the London Assurance Cor
poration, the Thames and Mersey Marine
Insurance Company. Limited, and nine FIRE
insurance ccmpan es, which has been pend
ing in Giynn Superior Court for year and
half past was concluded on yesterday
by the fling of the final decree rendered
by Judge Sweat, confirming the report of
Owens Johnson. Esq, auditor. on every
point
The important question in the entire liti-
cation has been the apportionment
amongst The different defendant insurance
companies for the amounts each should
severaly pay towards making up the loss
sustained by Paterson, Downing G co. in
the great first of April ?, 1885, in which the
large stock Of rosin and spirits turpenGae
stored on the yards Of The Downing com
pany in Brunswick, was totally con
sumed. While there were some minor
contentious between Paterson, Downing &
Co. and some of these different defendant
companies the real issue was as to how
the loss should be borne, all Of the insur-
ance companies differing and each insist
ing upon that construction OF its own con-
tract which would make its loss the hght-
est and the burden of its fellow defend
ants the heaviest. IA
The exceptions which the different de-
PENDANTS FLED 10 the auditors report were
e.aborately argued last March in Bruins
wick by the various counsel and since
that time Judge Sweat has been carefully
examining INTO the law and facts with
view of deciding the case, for in the num-
Der of intricate legal questions involved,
besides the considerable amount OF money
at stake. the case is, one of the most i'm
portant chat has ever been in the courts
of Glynn county, and in many respects pre-
sents questions entirely new and novel in
insurance law. and the judgmet of Judge
Sweat sustaining the auditors report is a
compliment to Mr.. Johnson and deserved
tribute TO his legal ability. Every ques-
ton in the case was ruled favorably to
the plaintiffs.
The judgments as awarded by the de-
cree are: Against the London Assurance,
$1S, 730.4s, with interest from May II, 1897,
and this is in addition to the $47,27056 paid
during April and May 1896. The London
Assurance had total policies outstanding
for $4,000.
The Thames & Mersey upon its one pol
icy for $4,000 is held liable for $5,34327,
besides interest from May II, 1896, and its
defense of accord and satisfaction is over
ruled This is in addition to the 81, SIT 81
paid during April and May, 1886.
The North British and Mercantile Fire
Insurance Company is held discharged
from further liability as the payment of
$l,553S6 made on Aug. 30, 1896, covered
its full proportionate liability
The judgments rendered against the
other fire insurance companies were as fol-
lows: Insurance Company of North Ameri-
ca on its policy for $1,000, 81 OBS Sc; The
Lion Fire Insurance Company on its por-
icy for $1,000, $51S.O0; The Macon Fire In
surance Company of Macon, Ca, on its
policy of 5000, $2,5S95O; The Fire Asso-
citation of Philadelphia, on its 81, 500 policy,
Sl,294.75; The Hartford Fire Insurance
Company on its $500 policy, $1,294.75; The
Home Insurance Company, of New York
on its 5000 policy, $2,5S950; The Aetna In
surance Company, of Hartford, Conn.,, on
its 5000 policy, $2,5S950; The Hartford Fire
Insurance Company of Hartford, Conn.
on its 5000 policy $2,5S9.5O, and interest
at per cent. from July 81 1896, runs on all
these amounts.
The total costs in the case amounting
to S9l4,35 are apportioned against the vari-
Gus defendants on the basis of the amount
of liability adjudged against them.
The case will now go to the Supreme
Court of Georgia where the legal fight viii.
be concluded next fall by the final decis-
ION OF the highest tribunal of the state.
The counsel In the case were GOODYEAR
q kyiy of Brunswick, for the plaintiffs;
McF arland Parkin, of New York and
Br9 ntley & Bennett, of Brunswick for
the London Assurance; Evarts. Choat e.
Bseman, Of New York, Mercer & Mercer
81 Savannah, and Atkinson & Dunwodv
Of Brunswick, for the Thames & Mersey:
Sing q spading. of Atlanta, Georgia. for
the nine fire insurance companies.