The times. [volume] (Richmond, Va.) 1890-1903, 1898-02-02
OTHER CASES.
Opinion in the X eeley Institute Case Hant-
ed Down and Court Below Reversed.


ed Down and Court Below Reversed.
Case No 22S in error to the Circuit
Court OF the United States for the East
ern District Of Virginia, NJ Richmond. Is
that OF 5. G.. Glover. plainun IN error
against the National Fire Insurance COM
pany of Baltimore, defendant In error.
About May 10th. 1889. Dr. ;. G.. Glover
the plaintiff in error. bought from q. H.
Jackson * Co. OF cairo, ILL.,. a house and
lot at Ashland, about twenty miles from
Richmond Va. The house was at that
time occupied by Mrs. Baldwin, a sister
Of Jackson. who had some boarders or
rOomers there" and was insured IN the
defendant company through the agency
Of S. H. Puliam e CO., who were the
general agents of the Insurance company
having power 10 write or issue policies
without sui hitting the risk TO the home
office, which was az Baltimore. Inc Pui,
liams were relatives of the Jacksons, and
to some extent looked after their inter-
ests. Hill Carter Esq. member or
the bar of Richmond. being their attor-
nev who prepared the deed OF conveyance
from Jackson To Glover ana forwarded
the same for execution 10 Cairo.
without waiting for the return OF the
deed of conveyance. ana AFTER me salc
was agreed upon. Glover was let into po-
session of the property ana immediately
established d Keeley Institute.
NO APPLICATION SIGNED.
1t does not appear that the Jacksons
had ever signed any application for IN
surance or furnished any description OF
IL. Carter as attorney Tor inc Jack
sons. desiring security by way Of insur-
ance Cor the deferred payments. went
with Glover who was citizen OF the
State of Nebraska, 10 Pulliams ONCE
and introduced him. the object OF their
visit being 10 secure the payment OF the
amount due on the deferred notes 10
the Jacksons i'm the event of loss by
fire. and II was considered better 70 ISSUE
new policy instead OF trasferring the
old one IL was probably some day be-
tween May 10 and May 18th. and on the
22d of Nav "A letter was received from
Samuel II. Pulliam Co, enclosing a
policy for DR.. ). G. Glover, endorsed. ad-
dressed 10 Hin Carter
The building was destroyed by fire on
February 3. 1896.
The action was originally brought I'm
the Circuit Court for the city OF Rich
mond. and removed by the defendant
company. by petition. to the United States
Circuit Court for the Eastern District Of
Virginia, where II came on 20 be heard
in due course, resulting IN verdict for
the defendant. the. jury stating that they
found for the DESCENDANT under the In
structiOns OF the court.
The testimony clearly showed that the
house was used for the reception enter
tainnent and treatment OF patients I'm "a
Kelley Cure establishment. and the proof
was that the rate OF premium charged
for dwellng-houses was considerably less
than that for such Establishments, Wnlch
were rated as hospitals.
Whether the agents OF the company
knew at the time the policy was written
that the premises were being occupied as
a Kelley cure establishment was a ques-
ton of fact 10 be determined by a jury
under proper Instructions Of the court
When a case proper for the determine
ton OF a Jury has been submitted 10 II
with all the evidence legally pertaining
thereto there remains always In the court
ItIN.. In fN.a.. AN
setting aside the verdict. II II is mani
testify due TO ignorance, prejudice. or pas
sion.
The judgment Of the court below is re-
versed ard the case remanded for a new
trial.
IMPORTANT LIEN CASE.
In case No. 240 which is an appeal from
the Circuit Court OF the United States for
the Western District Of Virginia at Har-
risonburg by T.. g. Crowther ct al
against the Fidelity Insurance. Trust and
Safe Deposit Company, trustee. ct al.
aDpeliees, the opinion was handed down