The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-05
T. ]. BEST SUES
AETNA FOR LIBEL
Accused Him of Conspir-
acy to Defraud.
HE ASKS FOR $4,000
As Correspondent of Commercial
Agency Mr.. Best Reported an APP
plication for Insurance of C.
D. Tucker, Sent in by
John S. Mckee.

Mr.. E. ]. Best has brought libel suit
fo1 $4,000 against the Aetna Lite Insur-
suce Company, of Hartford, Connecticut.
Tie complaint was filed yesterday in the
Superior Court of Wake county Gel.
Harry Skinner, the United States District
Attorney for this district, is attorney for
Nj. Best Mr. Fabius H. Busboc is coun-
sci the Aetna.
in the complaint it is alleged: That
or the 18th day OF July, 1908. at Hartford,
in the Commonwealth of Connecticut, the
defendant published letter written by
it and addressed to Empire Commercial
Agency of New York; "a commercial
agency of said city OF New York; and of
New Yorl, city and New York State, the
following words of and concerning the
plaintiff, to-wit: "a Mr.. Best, (meaning
the plaintiffl is II collision with the
agent of their company, (meaning John
S. Mckee,, and also (meaning thereby
that the plaintiff had unlawfully and
w;lfully 'Fconspired'' with John S. Mckee.
the local agent of the defendant to de-
fraud and take an Illegal advantage of
said company and was thereby guilty of an
in5ictable offence, to-wit., conspiracy
and has furnished a report upon this party
Withholding the facts about Tucker 5
drinking" tMeaning C. d. Tucker, the
applicant for insurance in said company
That said publication was false and ma
lcious.
wherefore plaintiff demands judgment
for the sum of twenty thousand dollars
damage and the cost of this action.
Mr. Best who IS a well-known young
lawyer of this city, was seen yesterday,
and gave an account of the facts that
led up to the entering of suit somewhat
as follows: Some time about the first
Of last July Mr.. c. d. Tucker, of this
city, applied for a life insurance policy
in the Aetna company through Mr. John
s. Mckee, local agent under Mr.. j. D.
Boushal general agent. After Nj Tuck
er had undergone the medical examira-
tion, and the application had been sent
or to the home company, it was referred
to the Empire Commercial Agency, of
New York, for further investigation. This
seems to be the custom OF the Aetra
company, probably in common with other
life insurance companies, to refer apph-
cations for policies to some commercial
agency for investigation as TO the char
actor, habits, ETC., Of the applicant, as Il
sort OF check upon the examining phy
stefan. and the agent.
MI. Best is the Raleigh correspondent
of the Empire Commercial Agency, OF
New York, and consequently it was 10
him that that company wrote for a re-
port on Mr. Tucker, after the. AetaG
company had put the matter in th"ir
hands Mr.. Best reported favorably upon
tbs application of Mr.. Tucker.
Soon after Mr.. Best had sent his report
to the agency, he received a letter on
July 14th from that concern saying that
after forwarding the report to the Aetna
company, they had received letter from
the Aetna people in which they wrote
that Mr. Best was in collision with the
agent of their company, Mr.. Mckee ana
had furnished a report upon Mr. Tucker
Withholding the facts about his drink
ing.
Tnereupon Mr.. Best secured letters
from city officials and prominent citizens.
who had known Mr.. Tucker for years, con-
frmipg his report to the agency as to
MIR. fuckers habits. Immediately upon
the receipt of these letters, the Aetna
company issued the policy.