The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-31

The noted life insurance case. involving
. policy Tor s1oo,esO on the lie Of the late
Guy c. Phinney. will be heard in the SUI
Drsuas court Of the United States 1T
Washington scuns time within the ensn-
ing two weeks. On account Of the varied
history Of ths litigation, the numerous
and distinguished coaEseilors who have
been enp.oyed In its conduct before the
lower tribunals and the prominence 10
che early history Of Seattle OF the man
, whose life was insured. the case Is in
many respects among the most important
ai.at have been taken for FINAL judgment
TO the nations court Of last resort STAN
ton Warburton. who has represented the
holder OF the policy. Mrs. Pninney. from
the beginning OF the litigation. VIII leave
Tor Washington City on Saturday next
20 appear Ii the case.
II Ia believed that THE approaching hear
Ing before the supreme court viii end the
fight for over slo0.oos which has been
carried through the lower circuit court
and the circuit court OF appeals for the
Ninth circuit. at San Francisco. at great
cost of time. labor and OF money. The
lawyers fees on either side already earn
ed would amount to tidy fortune. In
tereat has pied up on the original judg-
HEnt against the company and costs have
been added 10 costs until this feature or the
bin that some enc vii have to pay al some
time amounts 10 a very nice sum-
Mr. rhinney died In September. 1885.
leaving Mrs. Nellie Phinney, his wife. and
two sons az his heirs. On his life there
was policy for 10000. which amount
tho Mutua. Life Insurance company, of
New York. agreed 10 pay TO the bere-
ticiary named in the instrument.
Suit was brought against the company
In August, 1894 IN the Ninth Circuit. court,
District Judge Hanford presiding. In this
court judgment was rendered against the
defendant company for the amount OF
the policy. interest and cozfs- An appeal
20 the circuit court OF appeals at San
Francisco was taken from the judgment
of the Washington court.
Y Here chapter occurs in the history OF
the case which shows how human 1t is
10 err. The appeal was rot perfected.
Through the oversight OF some one tho
pecessary papers were not fled or for
warded to San Francisco by the defense
within the period prescribed by the FEEDER
.ol practice. AZ least this is the position
taken by the plaintiff.
motion by the defense for the dis
smissal Of the appeal on these grounds
4WSr ktdutEu Ey ttfS Gan TdlitisfU court,
y with but ole dissenting voice. Apparent
". this settled the question, and the sat
/ isfaction of the judgment was about to
become q tangible reaiiza. ton.
+ But the attorneys for the defense were
met with an application 10 the supreme
cour, of the United States for a writ OF
ceriiorari This move was fought by the
N9ainsIff. but the supreme court granted
f1e writ. which Involves a scrutiny OF
nf th. ram h..-
jow. 1t Is expected that this will he done
within the next two or three weeks.
The case has been watched by insurance
attorneys all over the country, One of
the main points raised ia the case IL the
New York statute requiring that al life
insurance COMPANIES doing business In
that state shall send by mail. postage
PREPAID. At least thirty days before the
policy lapses or premiums become due.
a stated notice that unless the required
payments are made on tho date named
his policy shall he forfeit
Briefs from both sides have been in de-
maud from al over the country and the
progress OF the case. from It's inoipient
fotages. has been studied hy attorneys
representing clients whose interests are
affected b. the settlement OF the points
Involved.
For the defense the following attorneys
have appeared as various stages IN the
case: Strive. Allen, Hughes & McM;cken.
Stratten. Lewis & Gilman, Strudwick &
Peters. all of Seattle: Il, Lyman Short
and Robert SeweI. Of New York: and for
The plaintiff have appeared State Senator
stanton WarburtoE and Andrew f. Bur
ieish. Mr.. Warburton has had charge
or The case fo- Mrs. phinney, and will
argue In Washington against reversal
OF the Judgment OF the circui. court OF
Apnesis. II is probahle that ex-senator
John II. Allen and Joseph Choafe, the IA
nous New York counsellor. viii man the
trenches fer the Insurance contrary
The Judgment. interest and costs. aggre-
gate tiie.p0 At present