The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-02
Receivers Daniels and
|; Barbee Named COmmrs.
THE ARGUMENT ENDED
Long Case of Firemans Insurance 20.
v. Seaboard. Judge Makes Charge
This Morning and Case Goes
TO Jury. Court to Adjourn
for Election.

Tho entire time of Wake Superior
court Yesterday was taken up with lhe
hearing of argument in the case OF
Ijremens' Insurance Company VS.. The
Seaboard Ar Line for $4,000 dam
aces alleged to have been sustained
nv the plaintiff by reason of insurance
/, sses paid by it TO c. f. Johnson ana
Co. whose ice factory is alleged to
..ve been burned by a spark from an
engine of the defendant road. The
case has now consumed three entire
days and a large portion of this morn
ing session Will be consumed with the
Charge of the Judge TO the jury.
Attorneys who spoke yesterday
we're Messrs W. c. Douglass, r. n.
Simms and c. NJ. Busbee for the plain
tin. ard Messrs. j. c. L. Harris. MAJOR
J. ID. Shaw and Judge T. b. Womack
fer the defendant.
\ Close Drawn Point.
When Major John ID. Shaw arose to
speak for the defense, he addressed
himself to the judge on question OF
law to be afterwards made the SUD-
ject of a prayer for special 1nstruc-
ZION, praying the court to instruct the
Jury that the plaintiff fire insurance
not entitled to subrogation of the
right of action of the original plain
tiff. the Ice Company whose plant was
burned.
In support of this contention Major
Shaw read a clause of the insurance
policy declaring that the same should
be void in case the hazard was In
any way increased. This clause had
been violated, claimed Major Shaw
no t.
ting the defendant to place bagging
on the platform of the compress ad-
Joining the ice factory and owned by
the same parties.
Hence, according to his argument,
the policy was void at the time OF the
fire and need not have been paid
by the insurance company. The fact
that il had been paid merely made the
Insurance Company volunteer,
which could not have the right OF
subrogatin an action. CThat is, no
right to take an assignment of
claim or right of action against the
railroad company for the loss OF
another, when the company need not
have paid the loss.) SEGREGATION, he
declared, is an equitable right which
can be availed of only by a party who
suffers loss through the necessity OF
leimbursing one who has been en-
dangered by the negligence or wrong
Of another-and cannot be aVailed of
by a mere volunteer.
Another point which Major Shaw
made was that the company had Il
Waterman whose duty it was to watch
the bagging and that if the fire was
caused by the engine it was the result
OF the company's concurrent negli-
gence.
Adjournment for Election.
Upon the assembling of the court
yesterday morning the Judge an
nounced that on Saturday afternoon
q recess would be taken until WedneS
day morning, November 9, at 10
o'clock, in order that suitors, wit
nesses. jurors and officers of the court
may have an opportunity of voting.
Witnesses and jurors are notified not
to attend on Monday and Tuesday,
November 18th and Sth, and the
sheriff was directed to so notify the
jurors summoned for the third week
of the present term of the court
To Sell Juanita Mills.
Judge Long signed two DEGREES of
interest, one providing for the sale
on the 18th of December of the lands
and property of the insolvent Juanlta
Mills of Alamance County, which is
now in the hands OF MesSrs. Frank A.
Daniels and Claude b. Barbee, re-
ceivers; and the other, a consent
Judgment in the case of George Nit
Chener administrator of J. Wiley
Jones and Lucy Jones, has widow VS..
Tucker Saunders, by which the debt
OF Saunders to the estate on contract
to purchase fifty acres of land adj
joining the lands of the estate is fixed
at $509.15 with interest on $469.80
thereof from the cath of October,
1904, specific performance ordered
and the defendant given until Deem
Der 1st to pay the purchase price and
costs. In the event of failure of de-
PENDANT to pay the judgment and
costs, w. b. Jones is named commits
sioner to sell the land at public auc-
ton in Raleigh on January 9Th, 1905.
Juanita Mills Decree.
In part the decree for the sale of
citing it's deed of trust to H. w. Jack
son, trustee for bondholders, insol-
Iency of the mill and a description
of the 259 $40 acres of its lands. is
IS follows:
1t is, therefore, considered, ordered
and adjudged by the court that the
above described tract of land, to-
;rether with all the water powers,
flctories. machinery and appliances
be sold at public out cry, to the high
est bidder, upon the premises of the
.Juanita Mills, at Big Falls, Alamance
County, North Carolina on the 18th
day of December. 1904, at II M, upon
the following terms One-tnird of
purchase price to be paid in cash
Cne-third thereof in six months from
date of sale, and the remaining one
third in twelve months from the day
cf sale. the deferred payments to bear
interest from the day of sale at the
rate of six per cent: that Frank A.
Daniels and Claude Is. Barbee, the
receivers therein, are hereby directed
10 make said sale, the said sale to be
made after giving thirty days notice
Of the time and place of sale by pub
fishing the same in one or more news
rapers published in the city of Raj
eigh, N c., and in the county of Ala
nance, North Carolina, and in such
ether papers as the said commission
.rc may deem best That the 81 ID