Evening journal., 1898-12-02

premium on a life insurance policy.
Van Buren Was an agent Of his for
the purpose Of soliciting life ineurance
for the Equitable Life Insurance So
ciety Of New York, and to remit the
premium in cash. Van Buren's rela-
tions were directly with him.
"Did you ever authorize Van Buren
to make any special agreements with
any person taking life insurance with
regard to the acceptance of notes?"
asked Mt. Cooper.
Mr. Hilles objected unless Mr.
Cooper brought knowledge Of such
limitations Of az ney home to the de
fendant.
The court oyerruled the objection
ami Mr. HIlies asked that an excep-
tion be noted.
MIR. Maher answered the question IN
the negative, and ieit the stand.
Richard Reese, paying teller of the
Equitable Guarantee and Trust Com
panY testified that the note for s25O50
was presented at the bank on March g.
1898, and not paid because funds had
not been provided for its payment.
Mr. Maher was recalled to the stand.
and, in reply to a question propounded
by Mr.. Cooper, said that he wrote a
letter to Moore telling him Of his ac-
ceptance of the note. He said he had
Copy Of the lstter at his oifice,where-
upon the court, at the instance Of Mr.
Hilles, ordered the oral testimony to be
stricken from fne record.
The plaintiff then rested.
This lis another one OF these cases.
as We shall attempt to show You by
our testimony, in which a life insur-
ance company seeks to repudiate the
acts of its agent FOR its own benefit %
said Mr.. Hilles in his opening address.
I'VE win show you that Van Buren
was employed by Mr.. Maher to solicit
insurance for the Equitable Insurance
Society in Wilmington. That that man
came to DR.. Moore, being sent by a mu-
tual friend, and stated to Dr. Moore
that they were very anxious in their
company TO get up the amount Of their
life insurance in the city Of Whining
ton, or State OF Delaware, and request
ing DR.. Moore TO take out policy for
that purpose. We will show you that
DR.. Moore told this man Van Buren
that he didn't want any insurance and
could not afnord it. Van Buren, tod
DIT. Moore that he wouldn't have any.
thing to pay, and for him to give him
his note and he would take care OF 4
when it came due. Having done this
and having attempted TO do IL witt
other people in the city Of Wilmington
Van Buren took unto himseH wing
and has gone somewhere, heaven on.g
knows where. These people foisted him
on the community and they are re-
sponsible for it. He has gone and W.
can't get him. Here is DR.. Moore, de-
frauded by this agent OF Mr.. Maher
We don't know where he is; they dom
know where he is, and we are sued 4
pay a note which was given to hin
and which was hsnded over by him &
Mr. Maher.'
, Dr. Moore testified that Van Burel
, assured him that he wanted to brin'
up the volume Of his insurance to
certain point to win a prize, and tina
q the $4,000 policy would not cost hin
p anything the FIRST year. Aftewani
Van Buren said he was short in hi
accounts with Mr.. Mhher and induce'
2 him to give the note for $25O5O, say
/ ing that he would never be called o.
9 to pay it.
DR.. Horace Jacques testified that tn
+ present whereabouts of Van Buren
4 unknown.
/ Both sides tlIen closed and argumen
followed.
b Judge Spruance charged the jury.
e was decidedly favorable to the pair
: tiff and Mr. Hilles excepted to il
terms
S At 1916 O'Clock the jury retired.
d WAS still out when court took a recee
n until 2.sO O'Clock.
City Solicitor Conrad asked that Ii
t case Of George V. Anderson VS.. u
I Mayor and Council of Wilmington
l. set for trial on a day subsequent to d
: cember 10. ColoneI Nieids, Of coui
e sci fer the plaintiff. said that he ha
E. no objection. Mr.. Conrad said that q
s. case was set for Monday. There was
.e proposition for settlement and
wished to submit it to the Board
IF STREET. and Sewer Com missioners
10 Tuesday night. This being the state
ie the case it was put to the foot OF q
n list for December 10.
ie Mr. Hilles informed the court tn
y the case Of William H. Greenwalt
le Son VS.. Mary Williams, ct al, must
le tried at his term.
a BY agreement Of counsel the arg