The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-27
III THE DISTRICT COURT
Case Of Miller W. the Union Life
Insurance Company.
A FINE QUESTION RAISED
said He Had Been Induced to Give q
Note Under Misrepresentation.
Prohibited From Working
In Q Mine

In the life Insurance suit Of w. A.
Waller against the Union Life Insur-
ance company OF Omaha. an interest
ing question Of law has been raised
In court. A short while prior to his
death Waller brought the suit to Sc
cure the cancellation of a note for s172.
which he had given the company in
payment OF the first premium on a
$1,000 insurance policy. The company.
or rather its agent. secured judgment
IN a lower court for the amount of the
note. Waller claimed that he had been
induced to give the note under misrep-
resentation, for when he received his
policy he found hat he was expressly
prohibited from working In a mine.
whereas the agent had assured him
hat his occupation as a miner would
not be interfered with. The company
having secured a judgment against
Waller, the policy Is In force n was
when he met his death in a mine a
few weeks ago. The question to be de-
cided In court now Is whether the es-
tate can collect the insurance on the
policy. which the insurance company
tried to force on Waller during his life
time. The company yesterday filed an
answer to the suit and Ia a general
M "a 49,
agent when he induced Waller to take
out the insurance.
Barney Coll. an uncle of the Waller
children. was yesterday appointed their
guardian. the application Of James II.
Lynch having been withdrawn. The
estate OF the children consists almost
entirely OF the estate of their mother,
OF which Mr.. Lynch is administrator,
n the guardians bond was fixed at
only $3.50.
The administrator OF the estate of
Albert p. Nickel, deceased. yesterday
filed in court her fna account n
asked for a distributor. h report
shows that. after having paid off all
claims, there remains on hand S.212.1l
in cash. The remainder Of the estate
consists of some household furniture
and an eighth interest in the Jetteau
lode claim. one-sixth in the Karl and
one-sixth in the Annie Mac. The min
ing claims are u~npatented and of no
known value. The Administrative asks
that the estate be distributed as fol-
lows: To Amanda Nickel. Albert Peter
Nickel and Adelherd Nickel, one-third
each OF the cash; one twenty-fourth in
terest each in the Jetteau lode, one
eighteenth each in the Karl and one
eighteenth each In the Annie Mac.
The old insurance case Of Samuel Mel
Vile, administrator Of the estate of
Charles +. Young against the Pacific
Mutual Insurance company, was tried
again before a jury in Judge Clancy's
court yesterday. The Ease was tried
several years ago, but went to the su-
preme court and was sent back for a
new trial. Charles f. Young was a
stationary engineer in the employ OF
the Anaconda company and on Feb. 3.
1887. he took out an accident insurance
policy in the defendant company. The
policy called for $4,000 in case OF his
death. Two months later, while at
tempting to board a moving Montana
Union train, he was killed. The public
administrator. George Pascoe. settled
the insurance claim for 5000. the COM
pany contesting the claim on the
ground that Young met his death
through his own carelessness. Suisse
quently Sam Mulville was appointed
administrator of the estate and sued
for the full amount of the policy. The
defense to IL is that the claim has been
paid and settled and also that Young
was careless. The testimony was all
introduced yesterday and the argu-
ments will be mad this morning.
The suit of the American National
bank of Helena against Eli ID. Ban
mister and Alex j. johnson, which was
brought in the district court some time
ago. has been dismissed and another
action was begun yesterday. The bank
old Bannister's notes for $39. 260. 33,
and also loaned him besides 81. 500. AS
security a deed to the Bannister min
ing property was given to Alex John
son as trustee for the Helena bank.
There were also 49, 95 shares of Ban
T. nin-.T