Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-17
ENJOIN THE MUTUAL.
~ INJUNCTION RESTRAINING n
FROM cANCEtdING Policies.
ASSESSMENTS FREQUENT AND HIGH.
NH FILED on Rehnlf OF Richmond
roucy-Hoiders Charging That the
Change Of Plan Is Working 10
Their Injury--othcr Courts.

tra Equity Court yesterday upon the be.
tiiion Of Mr. James NJ. Taylor. restrain.
ing the Mutual Reserve FUND IAfe Asso-
cation from taking any steps OF any
Kind TO declare his policy or certificate OF
membership from being lapsed or Tor
icicd.
Mr William l.. Royan. who was re-
FAMED by the committee OF holders or
policies in the association 10 contest the
latest mortuary assessment OF the COM
pany upon the ground that II is extor-
donate. appears for the piainun in the
case.
ALLEGATIONS IN THE BILL
The complainant sets forth IN his bin
that Ia the year 1852. at the age OF 50. ne
insured his life in the Mutual Reserve
raud Ilfe Association. which has been
doing business in the State of Virginia Tor
more than fifteen years. The association
.. chartered under the laws Of New York.
5ut 10 has deposited with the Auditor OF
.he state Of Virginia the securities which
10 s required 20 deposit.
The bin further alleges that the asso-
caflou has no capital stock, but those
who take out life policies in II become
members OF the association. They pay an
admission fee and annual dues OF 81 on
each $1,000 and they then pay bimonthly
m0rtuary assessments. Seventy-fve per
cent. of the assessments ought, under the
charter. the bin declares. TO go into the
death fund, from which all death losses
are paid, and . per cent. ought TO go
into the reserve fund which is to belong
lo members Of the association. except
that certain exceptional death losses are
fo Dr. paid from IL. After the expiration
of each period OF five years, while a GER
'ifcate Of membership or policy OF in
slrance remains in force. bond is TO be
issued TO the holder of the certificate for
an equitable proportion of the reserve
fund. bearing per cent. annual interest.
lad the principal of this bond shall be
available, after ten years from its date.
towards paying future dues and assess
meuts under said certificate.
DEPARTED FROM THE PLAN.
This is said to have been the general
plan for insurance upon which the com
pany was organized, and upon which It
conducted its business until a compare
lively recent date. and the complainant
alleges that tAe company has now de-
parted from this plan to his great loss
and injury. Continuing. the bill states
that when the defendant company COM
menced business all its policies and GER
tncates represented that when the death
fund was insufficient to meet losses by
death an assessment would be made upon
The entire membership. and that il would |
bee appOrtiOned amongst all the members
according TO a most reasonable table. J
some policies were issued afterwards |
which did not set out thu agreement as |
ftnarf Ia -.
piled agreement in all was that no as
sessment would be made while there was |
money enough in the death fund to meet |
an death losses
The petitioner states further that the !
first policies issu'd contained a few |
words OF dsubtfu meaning, appended to /
% cla so that relates to an entirely dit
fereft subject. Despite all assurances.
De mates. the rate of assessments was
grGdually increased, until in 1894 a person
who had insured with it in 1872 at the
ge Of 60 years, as the orator did. Tor
1000, and who was then assessed $50 a
ear. was assessed in 1894 at $500. and
IN 1895 his assessment was raised TO
5000. and in February. 1898. it was
raised 10 a bimonthly payment that would
make it in the year 1898 SOTO. This sup
posed case is the actual case Of Mr.. James
NJ. Taylor the orator, who submits that
{ is not a fair and reasonable use of the
power Of assessment. and is imposed upon
him and others situated like him TO
coerce him and them into abandoning
heir policies.
OTHER RICHMOND CASES.
Two other Richmond cases of like
nature are cited in the BILL as follows:
Mr. A. 5. Lee insured with the defend
ant association in 1888. at the age of Ca
for 5000. He was then assessed at the
rate Of S125. His assessments were raised
according 10 the scaN that has been de-
,crbed until in February, 1898 it was
raised to bimonthly payments. which
would make his assessment for this year
See. Mr.. Lee has. according TO the bill
paid TO the defendant "a. 49O on account Of
Dis policy, so that II he should pay the
assessment for 1898. he would have paid
The defendant at the end Of the year 1899
more than he could possibly recover.
Mr. j. ". FERGUSON insured for 5000
70 the age Of 6. He was then assessed at
the rate Of S72 a year, and he has now
raid IN 1859 In February, 1885, the as
sessment was made $4,000, making the
mount paid in almost as much as he
could possibly recover.
The Injunction is operative until the
further order Of the Court.
MIR. Morris Gets Heavy Damages.
The case OF A. c. Morris against J. c.
Jones' which has been occupying the
court for two days. came 10 a conclusion
last night. the jury rendering a verdict
Tor $3.50. The plaintiff sued for 5000
iamages for false Imprisonment. Two
81 the iurymen were in favor Of bringing
Ia a verdict for the full amount claimed.
four stood for 81, 900. and the sum Of $500
was agreed upon as a compromise verdict.
Judgment was rendered for the plaintiff
n the case of Ivan Mueller against {.
AnsDach for S3OS.50.
DEGREES I'm Chancery.
I'm the Chancery Court: Mary L. Ford
against A. j. Ford. trustee, and others.
Decree paving certain costs and making |
Usual allowance for Mrs Mary /. Ford;
H. w. Elicit against Ada c. Elicit ana
ithers. decree confirming commissioners
-epOrt and directing sale OF real estate.
Mary u. Hall against Perkins ana ais
lecree confirming Special Commissioners
lakes report. and paying certain Costs;
Martha A. Bradley against HUBBARD anu
Jthers: order requiring defendants 10 NJ
heir answers. Joseph II. Golden against
J. A. " Golden, executor Oruei t.
,uirng ]. A. V Golden. executor or NJ.
5Oden 10 give a new bond with surety.
rensor. Guardian. VS. Tenser and others
iecree paying costs and distributing 'he
und
In the Hastings Court.
In the Hastings Court Mamie Thornton
colorecD was sentenced to five years In