The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-22
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
}. }. Dean V. the Sun Insurance Com
pany of New Orleans was taken up
on Saturday morning. Tie testimony
consumed the whole day, with an in
tcrmission of only an hour for din
ner. The jury and all parties inter-
eSted wanted to finish the case on
Saturday, in order that the jury might
not have to come back on Monday.
The arguments were begun after sup
per- and Judge Memminger'S charge
10 the jury was concluded at five
minutes before midnight. The jury
Gctircd and remained in the room
about forty minutes, bringing in
their verdict at about l2.35 Sunday
morning. 1t 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 polices,
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 81 200 and tho verdict Of
the jury waS based on an estimate
of about 81 800 loss, to be pro rated
among all the companies in which Mr..
Dean was insured, the verdict on Sat
urday night being for $31050, the Sun
company's pro rata share of the
damage which the jury had fixed.
The plaintiff was represented by
Messrs. Blease & Dominick, 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 McsSrs. Hunt, Hunt and Hunter
for the defendant.
Mr.. Dean has eases against the 9TH
cr insurance companies in which he
held policies which will be disposed of
later.
The lnSuranceS companies have fill
ed bill in equity having for its pur-
pose TO put all the eases 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 ease. This motion is be-
ing contested.
Mr.. Dean, it will be recalled, suf-
fercd damage by fire in March, when
a 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 or
Saturday was hard fought, being {
legal battle from start to finish.
In the case of Minnie Livingston v
D. l.. Wedaman, executor Of hi:
mothers estate, suit for 5000 for per
sonal services rendered Mr.. Wcda
man 5 mother during her last illness
Judge Memminger on Friday morn
ing directed verdict for the defend
ant. The plaintiff was represented by
Messrs. Bleasc & Dominicl1. and the
defendant by Messrs. Johnstone 6
Cromer.
The case Of D. Ralph Scurry v. p
n. BooZer, suit on account for saw
ling lumber, resulted in verdict o1