The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-02-04
NOTES or LEGAL EVEN TS.
A small batch Of decisions was handed do

A small Ddtcn OF ueclslOns was nhnueu uOWn
by the Court OF Appeals on Tuesday. The
most interesting OF the cases was Egan against
the Supreme Council OF the Catholic Benevo-
lent Legion, which was a suit upon a certificate
Of life insu rance for 81 900. In his application
the insured declared that the statements
that | have made or shall make herein. and
subscribed to. are each and every one OF them
true to the best Of my knowledge and belief"
This was followed by a statement that the APP
plicant was on July IS. 1895, between 20
and 80 years Of ngc. Upon the trial there
was proof indicating that tho insured
was really three or four years older
than he thus represente ted himself to be at the
time he applied for this insurance. II the
statement in the Application was a warranty.
the insurance could not be recovered unless
the statement was true. II II was not n war
! ranty the contract Was enforceable. for there
was no evidence or claim that the insured had
Intentionally misrepresented his age. The
trial Judge held that the representations did
not con ',itute q warranty: the same view was
taken by the Appellate Division In Brooklyn.
and The Judgment has now been confirmed by
the Court Of Appeals. The courts OF this
State" said Mr.. Justice Woodward In the APP
pellate Division. will not attempt to make a
better contract for the insurers than they have
themselves formulated and subscribed. by con-
strung In to a warranty the statements OF the
| insured. made to the best Of his knowledge and
belief" (32 Appellate Division Reports. page
247.)
Lodowich II, Jones. no has been described in
the Albany Lar Journal as probably the best
known young attorney in Buffalo. is again
prom ncnt before the public in the Eighth judi.
stal tiatripf No n nrnGpNltnr NJ ma lnHIl0
Police Commissioners. Messrs. Kupp and
Cooper. In 1898 lie petitioncd tn. Appellate
| Division OF the supreme Court at Rochester
for the removal OF the Police Commissioner
then IN office in Buffalo. on the ground that
they had neglected to suppress Sunday
baseball playing In that city. The
ApIc late u DIVISION he,dthatt the Commissioner
had failed to perform their duty in this Respect.
but not with any intention OF vi0lat-
ing the law. and accordingly refused to re-.
move them. but at the same time compliment
ed Mr.. Jones Tor bringing the matter 10 the at.
tention Of the courts, That gentleman has
now Instituted another proceeding OF a similar
character against the crescent Police Commits
sioners. and on Tuesday the Appellate Division
! appointed Charles j. Bissell oil Rochester ref
cree to take proof in support OF the charges
and report the testimony to the court at us
March term. According To the Buffalo papers;
the proceedings cannot affect COMMISSIONS
Rupp. as he has already been appointed to
new term Of office beginning in March.
curious accident insurance case Is reported
from Iowa. The plaintiff was injured BY fall
ing from the cupola OF a barn whittier he had
gone on Sunday to catch som pigeons to cook
for dinner. In a suit to recover compcnsa-
ton from the I'm perial Accident Assoc alton In
which he was insured. the defendant con-
tended that the plaintiff had assumed an un-
necessary risk which avoided the policy. The
contract OF insurance, however. referred to the
occupation Of the plaintiff as that OF a house
painter. and the Supreme Court OF lowa holds
that II contemplated the assumption OF Just
such risks as he ran In his excursion after the
pigeons. Another defence was that at the
time OF the accident the plaintiff was engaged
in a violation OF the Sunday law but this posi-
ton was also declared to be untenable. as The
Sunday law would not be violated II the
pigeons were intended for a Sunday meal.
A medical controversy OF importance and in
terest has arisen IN England out OF the case OF
Shaw against the Railway Passengers lnsur-
aace Com pany. in which the plaintl1 sought
10 recover $500 insurance on the life OF .
butcher. who was injured by being thrown out
OF his cart and who died len weeks later. A.
soft mass. weighing about d pound, was found
in the pelvic. This was pronounced to be a
blood clot by some Of the physicians and at
tributable to the accident. Others were OF
the opinion that Il was u sarcoma, or malignant
tumor, which existed before the man was hurt
by the fall from the cart. The claim was
submitted to three medical men as arbi-
traitors, and they decided that the executor
OF the deceased butcher was entitled to re-
cover the insurance. In discussing the case
the Lancet intimates that even II the mass was
a sarcoma instead Of a blood eliot. II may have
been produced by the accident, as there re
instances in which such tumors have grown at
the rate OF an ounce Il day. DIR. Denni- Of
New York" says that journal, has collected
statistics which show how frequently an injury
Is the starting point OF Ii growth.
and the conclusion Is probably accepted by
every medical man who has had an opportunity
OF studying the subject There seems to have
been no question but that the accident hast
ened death. but this would not have been
enough: for the insurance company was not to
be liable under the terms Of the policy II a
malady existed at the time OF the injury which
would have proved fatal even II the accident
had not occurred,
II Is announced in Boston that Messrs. john
son and Higgins of this city intend TO carry to
the Supreme Court Of the United States the
case OF their representative in Massachusetts,
who was fined by the superior Court in that
State for issuing a fire insurance policy there
made by an Insurance organization not author
lied to do business in the Commonwealth. On
q review in thu state supreme Court. the stat
ute under which the penalty was imposed has
recently been upheld as con stitutional. The
amount Of the fine was $500. and il has been
paid. The decision gives satisfaction to local
insurance men in Boston. but not to outside
underwriters.
The Acknowledgement OF Massachusetts,. at
the instance Of the trustees Of the Boston Art
Museum. has brought a suit To compel the re-
moyal Of so m uch ofthe Westminster Chambers
binding. on COpley square, in Boston, a. eX-