The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-22
JUDGE R. WITHERS MIMMINGER.
Who Held The First Court in New
berry's New Court House.

An exceedingly heavy days work
was done on Saturday. The case of
J. J. Dean V. the Sun Insurance Com
pany Of New Orleans was taken up
on Saturday morning. Tie testimony
consumed the whole day, with all in
termisSion Of only an :?our for din
ner. The jury and all parties inter-
eSted wanted to finish the case on
Saturday, ii order that the jury might
not have to come back OF Monday.
The arguments were begun after sup
per. and Judge Memminger's charge
to the jury was concluded at five
minutes before midnight. The jury
retired and remained i'll the room
about forty minutes, bringing in
their verdict at about 1885 Sunday
morning. It is somewhat novel for a
court to run so late at night, and
there were many spectators in the
court house.
The case resulted from Mr. Dean s
loss by fire in March Of this year.
Mr.. Dean had five insurance poiceS,
and his loss must be pro rated among
these companies. Had his loss been
entire he could only have recovered
$4,000 under the terms Of his policies.
The policy in issue on Saturday
was for $1,000 and the verdict of
the jury was based on an estimate
of about $500 loss, to be pro rated
among all the companies in which Mr..
Dean was insured, the verdict on Sat-
urday night being for $3l0.50, the Sun
company's pro rata share Of the
damage which the jury had fixed.
The plaintiff was represented by
Messrs. Blease & Dominiek, and the
defendant by Messrs. Smith, Ham
mond and Smith, of Atlanta, and
MessrS. Hunt. Hunt and Hunter, OF
Newberry. Mr.. Dominick appeared
for the plaintiff and Mr.. Hammond
and Messrs. Hunt, Hunt and Hunter
for the defendant.
Mr.. Dean has cases against the 9TH
er insurance companies in which he
held policies which will be disposed Of
later
The insurances companies have fill
ed bill in equity having for its pur-
pose to put all the cases on the
equity side Of the court and to try
them all together before the judge,
sitting as chancellor. in order that if
the companies are liable each may
bear its proportionate share Of the
loss. the damage being fixed at the
same in each case. This motion is be-
ing contested.
Mr.. Dean. it will be recalled, suf-
fered damage by fire in March, when
fire originated in his furniture
store, on lower Main street. The
companies contend in the first place,
that, by reason of violation Of GER
tain clauses in the policies. and by
reason of Mr.. Dean having taken out
more insurance than his policies per-
mitted, the companies are not liable
at all. If they are liable. they con-
tend that his damage was only be-
tween $500 and $3.50. The case on
Saturday was hard fought. being a
legal battle from start to finish.
In the case Of Minnie Livingston V.
D. /. Wedaman. executor of his
mothers estate. suit for 5000 for per
sonal services rendered Mr.. Weda-
man : mother during her last illness.
Judge Memminger on Friday morn
inc directed a verdict for the defend
ant. The plaintiff was represented by
Messrs. Blease & Dominick. and the
defendant by Messrs. Johnstone &
Cromer.
The case of D. Ralph Scurry V. ?.
Y. Boozer. suit on account for saw
| ing lumber, resulted in verdict OF