Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-18
Law Court Decision In
New Portland Case.
Insurance Verdicts Against Com
panies Too High.
The Case Arises From Burning OF
CapoIa noyt's Hotel.

two insurance companies for the loss
by fire OF her hotel in New Portland
June II, 1908:
Somerset County-Capola NJ Hoyt VS..
Insurance Company Of North Ameri-
ca; same VS.. Norwich Fire ms. Socl-
ETY. of England.
Pescript by King, ].
The ,,laintifT's hotel property and
contents. situated in the village OF
West New Portland Maine, were de-
stroyed by fire on the 14th Of June, 19o5
At the time there was $4,000 insurance
upon the property. divided equally
among three companies. One company
adjusted its loss These actions against
the other two companies, were tried to-
gether and a verdict of 5000 against
each company returned which the de-
PENDANTS move TO have set aside. 1t was
chiefly contended in defence that the
property was very largely over-insured
and that the plaintiif procured one GUS
A. Reed TO burn it.
In May, 1904, the plaintiff. young
woman. moved with her mother from
Mechanic Falls to Wilton in this State.
where they remained for few weeks
the plaintiff formed an intimate ac-
onaintance with Otis A. Reed, an over
seer in tie wooden mill, having wife
and two children. with whom, however,
nc was not living. On May %. 1904, the
Plaintiff purchased for $3.50 the property
in question. and with Reed and her
mother moved there about the first OF
June.
The condition of the property was
very poor and repairs were begun. me
first policy of insurance for $1,000 was
written July -, 1904. through the agency
of s. f. Remick. who solicited the bus
mess and suggested that he would
write more when the repairs were COM
pleted The plaintiff claims that she eX-
pended in repairs and furnishings,
"somewhere about $4,000" On the other
hand, TIE defendants contend that she
did not in fact eXpend one-third of
that sum.
No detailed or other satisfactory ac-
count of her expenditures was given
by the plaintiff. She claimed to have no
such account. and no receipts. with few
exceptions. But she asserted that she
and her mother had about $4,000 in mon
property in addition to the purchase
price.
The defendant companies, on the 9TH
er hand, appear to have made an eX-
haustive effort to procure from work
men employed. material men, and other
dealers Of whom the plaintiff claimed
to have made purchases, evidence of
the expenditures which the plaintiff in
fact made. And it is claimed that the
amount 50 accounted for at the trial is
Si01 81 for repairs to the buildings and
$352 81 for furnishings.
1t will serve no useful purpose to in
corporate here an analysis of the vol
luminous evidence in the record relative
| to the question Of the amount expended
by the plaintiff in repairs. We have
examined that evidence with care and
it satisfies US that the plaintiffs claim
| that she expended Somewhere about
$4,000" in repairing ana furnishing that
| property is unreasonable and unbeliev-
| able when squared with the established
| facts and circumstances and other evil
| dence % the case.
On May :. 1905. the plaintiff wrote
Mr.. Remick, the insurance agent, that
put on the place, and on May 10, 1905,
the other two policies of $1,000 each were
written.
| The vital question in these cases is:
Did the plaintiff procure Otis A. Reed
to burn the property in question that
she might obtain the insurance?
| Reed continued to live with the plain
tiff and her mother from the time they
moved to the property until the last of
February 1865. He assisted in making
the repairs and did the chores, receiv-
| ing no compensation except his board
| The last of February, 1905. he went
back to Wilton to work. He and the
plaintiff correspondent two or three
times 4 week, and she admits that
such terms as Dear Otis and "Lov-
ingly Cappie" We're used by her in this
correspondence. He came back III
March and remained over night.
On June !. the plaintiff sent u letter
by special delivery to Reed at Wilton
requesting him to meet her the next
day On the train at Leeds junction. On
the Sth, the plaintiff and her mother
| left West New Portland, each taking
a trunk. leaving no one in the house
The mother went to Strong to visit
son and the plaintiff started for Boston
Reed met the plaintiff on the train at
Leeds juno ton according to appoint
ment. They went to Lewiston, took a
hack to the Atwood Hotel, where Reed
registered as IF Fl. Jones and wife
Madison, Me-" and procured a room to
which they both went Reed says that
the plaintiff asked him that night in
that room if he would burn the build
| ings so that she could get the insur-
ance. and that she promised him that
when she got the insurance she would
go to Massachusetts with him and mar
ry' him after he got a divorce from his
wife. That she gave him a key to the
house, told him where to find the kerr
Osene. and wanted him to do the act
on Tuesday night.
On the following Wednesday night, June
II Git rained on Tuesday,, Reed rode on
his bicycle from Wilton TO West New
Portland. reaching there about midnight
and fired the property. He was arrested
before he got to Wilton and committed
to Jail. The key to the front door of. tho
burned house was found in his pocket
| At first he denied all I,noule1ra of five