The times., 1901-06-22
LATE LEGAL DECISIONS.

An action on a Tile insurance pOifCys IN
which the defence was that there WAS a
conspiracy to defraud the insurance COM
pany by pretending the death of the In
sured, substituting body therefor. and
which was recently decided by the United
States Circuit Court of Appeals in the
case of Connecticut Mutual Life Tnsur-
anee Company vs.. HiiImon GO7 Fed Rep.
$50. has had an eventfui history. The
policy in the sum OF 5000 was issued
March 4, 1879, on the life Of John W. Hill
mon for the sole use and benefit of his
wife, Sallie E. HillmOn. John w. Hill
mon was killed. rs it is claimed, on
March IA, 1879, by the accidental discharge
Of gun at camp near Medicine Lodge.
in a part of Kansas which was then
sparsely settled. The insurance company
alleged fraud. and refused to pay the
policy. claiming that Hillmon was still
living. and that the body produced as his
was the corpse of another man.
The action was brought July 13, 1880 and
has been tried six times. before as many
different Judges and juries resulting in n
mistrial four times. Twice the plaintiff
prevailed. The defence to the action was
that John w. Hilmon and others. con-
spring to defraud the company procured
an amount of insurance on HilImon in
several insurance companies aggreess:..::;ssssss rs
Zoo; that in pursuance of such con-
spiracy they represented that Hillmon was
dead and that certain body was his;
but since that time HiIImon has kept him
self concealed under assumed names. The
jury in the last trial found a verdict
against the insurance company and on ap-
peal the United States Circuit Court OF
Appeals affirmed the Judgment. Some of
the questions decided by the court were:
That an instruction, asked by the in
surance company, to the effect that IL the
policy in suit was taken out In pursu-
ance of the alleged conspiracy, then the
plaintiff could not recover, although her
husband was in fact accidentally killed
in the manner by her claimed. was prop
erly refused; and that an instruction that
there was undisputed evidence that the
body alleged 10 have been HHimon nad
a perfect set of teeth. and If the judge
found that Hillmon had imperfect teeth
the verdict should be for the insurance
company, was properly refused
Where a passenger riding on free pass
was injured through the negligence of
railroad company's employees. and the pass
contained written release of any injuries
which might be sustained by the person
to whom ii was issued. the Appellate
Court of Indiana IN the case of Payne
VS.. Terre Haute and l. r Co. go N r..
Rep, S62). holds that it will not bar an
action brought by such passenger against
the cOIlpGHS lOA AcSAA5CACC-
A suit for libel. which the court de-
scribed as unique in suits for libel and
the allowance of compensation by the
jury for defamation of character" was
recently decided by the New York Su-
preme Court in the case of OConnor VS.
Press Publishing Company New York
paper in an article charged O'ConnOr with
having broken into a house for the pur-
pose of stealing silverware- OConnor
sued the paper for libel, and on the trial
the facts showed that he was not a bur
glar for the purpose of theft, but that
he had entered the house with criminal
intentions against the daughter of the
owner. The jury thereupon awarded
O'Connor $500 by way Of compensation
for the alleged libel of the newspaper
The Supreme Court reversed this judg-
ment and directed new trial, on the
ground that a recovery of damages in
this case would be destructive Of the be-
nign principles on which the law, awards
compensation for defamation of charac-
ter, and because the law will not allow
a profit from the results of wickedness.
as such result would be antagonistic
TO public policy. Justice Russell, who de-
livered the opinion, said:
For defamation compensation goes to
equalize the diminution of reputation be-
low the real worth Of the character And
when ii appears that the actual offence
is greater in culpability. critically and le-
galIy, than the one TO which an incorrect
name was given. substantial compensa-
tion for the mistake in publication would
award a profit for supposed but false
reputation, instead OF adequate restora-
tiOn for a loss Had the newspa-
per published the bald, bare facts Of
pIaintiff's crime exactly as proved at the
trial would it have been better for plain
tin's repute? Would ne nave stood high
er in the esteem Of just men and wo-
men? Has his real character suffered by
the mistake in stating the name of the
crime2
Where prisoner while confined in jail,
charged with murder, writes a letter in
which discriminating admissions are made,
and gives it to the sheriff to mail, and the
sheriff opens and keeps the letter, the Su-
preme Court of Georgia, in the case of
Sanders VS.. State (9s 6 z Rep. SD, holds
that il is admissible in evidence against
the writer. notwithstanding the manner in
which it was obtained The court said
that, although the sheriff may have been
guilty of improper conduct in not mailing
the letter and may have wronsTuily seized
IL after having deceived the writer, this
would not render the letter inadmisSibie
in evidence. as courts will not enquire into
the motives of the persons who produce
such evidence nor allow Such motives to
affect the admissibility of the evidence
Where under a contract with the own
er. supplies are furnished to a vessel
within the same port or State in which
the contract is made, the United States
Circuit Court of Massachusetts Q01 Fed.
Rep, 97S) holds that the presumption is
that the dealings are not with the ship
or upon her credit. but upon the per
sonal responsibility of the owner, and
no lien exists in such case unless a
credit of the ship is proved to be within
the intention of the parties
Where the gates Of a drawbridge were
opened before the draw was closed and
a foot passenger. not observing this,
stepped into the river and was drowned
the New York Supreme Court, appellate
division in the case of Brennan VS.. Al
go N Y. Supp. $40 holds that the pas
senger was not guilty of cOntributOry
negligence in not noticing that the draw
was open.
In estimating the damages sustained by
| a complainant by reason of the sale Of
an infringing article. if it appears that
he was obliged TO reduce his prices be
cause of the competition caused thereby,
or that his total profits were reduced ia
larger proportion than the actual reduc-
tion of sales because the percentage OF
profit increased with the amount of the
sales. the United States Circuit Court OF
Connecticut, in the case OF kinner vs..
Shepard G07 Fed. Rep, 952), holds that
he is entitled to have such facts consid-
cred.
One who manufactures and sells an ar