Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-04-12
COMPANY MUST PAY
Supreme Court Decides Newton.
Southwestern Insurance
Case.
Decision OF Lower Court Holding
the Policy OF $4,000 in Force
Is Affirmed.
Gwinn.Bonawitz Case in District
Court Results in Plaintiffs
Favor.

The supreme court on fTluay Aeh-
dered an opinion in the case OF Cora
d. Newton, of this city, against the
Southwestern Mutual Life Association,
affirming the decision of the lower
court, which held that policy OF
$4,000 on the life Of the late DR.. f. ;.
Newton was in force. Owing to the
nature of the question on which the
case was appealed it is probable the
company will pay without further It'll
cation.
During the illness Of the late DR..
Newton the payment Of a yearly prem
ium on his policy of $4,000 was ABOUT
to become due The insured had peen
i'll some time, and it would have been
hard matter for him to have raised the
full amount of the premium. A frieno
arranged with II. s. Halbert, presl-
dent Of the insurance association, 70
extend the time and accept the prem
ium in equal monthly payments. rms
the president agreed to until sucn
time as the insured recovered. ine
company served notice on Mr.. Newton
when the first monthly payment was
due and this was paid, but no further
written notice was given and the Sec
ond payment was defaulted. After the
death Of Mr.. Newton suit was brought
to collect on the policy. The com
pany claimed that after the first notlce
the company could default the poilcy
il the succeeding installments We're NOT
paid, while the plaintiff claimed tnat
notice should have been sent eacn
month. This was the point on wnlcn
the case was contested, and 1t was
largely a question OF law, the facts be-
ing admitted. The question was one
on which the supreme court had nos
passed. Judge Caswell, before whom
the case was tried. ruled in favor OF
the plaintiff, and while the ground on
which the supreme court has decided
the matter is not yet known. 1t is prob:
able that the court holds that notice
each month should be given.
The Conservative Life, which later
absorbed the Southwestern. was not
Interested in the case, as bond was
given to protect that company in the
cases being litigated.
District Court Proceedings.
The suit of Mrs. Minnie Quinn
against A. l.. Bonawitz and Allen
Packer was concluded late Friday aft
ternoon, and the jury, after being out
fifteen or twenty minutes. returned
verdict for the plaintiff and giving her
judgment for $1,064 against Mr.. Bona
WITT Mr.. Packer had already con-
fessed Judgment and as the stock pur-
chased by them was in partnership,
Mr.. Bonawitz now becomes liable for
half the claim.
The suit of e. r. Streeter against the
city, in which damages to the amount
of $4,000 are claimed as the result of
injuries received by being thrown from
a buggy while driving on a street in
which the filling Of sewer ditch made
a ridge, was commenced Friday even
ing. The following jury was empan
eled: G. II. Hoeck, w. H. Stacy. j. F.
Hughs, A. j. Scofield. Theo. Buchwald,
S. Baker. Ellis Bailey, w. n. Perry
August Otto, II. e. Sloan, NJ. Diehl
and John Elder. Streeter was driving
east on Linn street, near the Lennox
Machine Company's plant. late one
evening, at a time when fire alarm
had been turned In. He met hose
company and was compelled to turn to
the other side of the street, and to do
SO it was necessary to cross the ridge
of dirt left when the ditch was filled.
He was thrown from his buggy and
sustained the fracture of several ribs
and other bruises.