The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-08
ONLY ONE LEFT.
Another HiIlmon Insurance
Company Gives Up.
Connecticut Mutual Is sui
Holding Out.
CASE SURELY ENDED.
Famous Litigation viii Soon
Be History.
Mrs. HiIImOn-Smith Receives
$4,000 in Cash.

The Mutual Life Insurance company
Of New York. has settled its part OF the
Hillmon case by paying TO Mrs Sallie
smith. formerly Mrs Hillmon- so 900
in cash. this sum representing the juds-
luent and accrued interest upon policies
Of insurance held by her husband. John
W. Hnlmon- The history Of which IS
familiar TO every person in the west
This case has had six trials and has
a court record of twenty-One years and
four months
The New York Life settled two years
ago and but one Of the three original
defendants in the suit. the Connecticut
Mutual Life. has not paid its share OF
the judgment rendered in the court
This settlement is the result Of con-
cession on the part Of the insurance
companies brought about in a clever
way.
Webb McNan while insurance com
missioner started in to bring these com
panies to time. Judgments had been
rendered against them and there seem
ed. to NcNall. TO be no excuse for the
DELAY IN settlement McNau examined
the records Of the case carefully and
then when the companies refused 10
settle. revoked their licenses TO do bust
ness in Kansas
This action on the part Of McNall
startled the insurance companies of the
United States In a proclamation Nc
NAH announced that in his opinion,
there had been useless and unnecessary
delay on the part Of the companies and
in newspaper interviews McNaN stated
that the companies were seeking 10
wear Mrs Hfllmon-Smith out in the
courts and thereby evade payment OF
the obligation
NIcNau was eniOined from interfer-
ing with the business OF these COM
panies, but the injunction was so franz
ed that il did not apply to the action Of
1cNall as superintendent Of insurance
in his association with the attorney
general. 50 a new tack through that de
partmenr was taken McNaH and the
Insurance compani1s kept up fight
and another trial was had. the last one.
Mrs. Hillmon-SmiUh obtaining jCdg-
ment- In the meantime the New YORK
Life had paid its share OF the JuGg-
ment.
This was claimed for McNan's sup
porters vindicauOn Of his position
The insurance companies refused 10
surrender to NcNaM. but they did sur
render il the federal court. and the ac-
ton is no less marked than IT would
have been. had the companies obeyed
AIcNaHs mandate.
After the last trial thetwO companies
interested gave notice Of an appeal and
failed TO perfect their right TO appeal,
50 it was possible for the plaintiffs TO
obtain an order of execution against
the Mutual Life and the Connecticut
Mutual Life
It was stated by the State Journal at
the time this execution was issued that
ne levy on the property would be made
because the companies were planning
TO settle and in this manner would
evade action on the part OF United
States Marshal Sterne into whose hands
the order for execution had been de-
nvered. That official took no steps to-
wards making levy and the suspicion
that the companies were planning TO
surrender gave way 10 a conviction in
the minds of those who were watching
the case.
These two companies employed the
shrewdesr lawyers in the country No
lawyer OF prominence or ability would
fail 10 perfect the right TO appeal in
such small details as were omitted in
the recent proceeding on the part Of the
attorneys representing the companies.
A loop hole was left and il was left
apparently with intention that the
settlement should be made by an effort
to levy on the property OF the company
This would give the transaction the
color Of being a compulsory settlement.
but that il is not such a settlement is
proven by the easy grace with which
the companies put up the money fol-
lowing the process Of issuing orders OF
execution
The settlement promised by one Of the
officials of the remaining party TO the
defense in this celebrated case viii close
the most noted insurance litigation in
the history OF the world. That this is
true is sustained by the fact that the
trouble originated in Kansas and KAN
sas always breaks records.