The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1909-07-02

H1unfrF EIunrnnTa-if The gentleman
FROM the lsth Viii permit. would Ike g
senator Bnekman-Certaluly.
y Senator fiournoY-I UNDERWOOD you col
! Senator Bucaaan-I didn't say Z knew
81 any.
Senator Flourn0y -Didn't I upderstano
you g say y vas hardly possible % Be
senator Buekmn-Perfoct title. IN the
Senior FiouTnoy-Th under that
DOESN'T that leave e IN the discretion OF
The insurance company whether they
should pay any riak3
Senator Buckman-Not az all
Senator FlournOy--Do it say n ne
Isn't the sole and unconditional owner 81
the title, the policy shah be void3 Doesn't
Senator Buckman-NOt at eli: there's
a difference between perfect and good.
senator Fiournoy--I understoQd you %
say. did ! not. that y0n wanted an even
game Of chance Isn't u q fact that the
purpose Of the Insured vas 20 receive in-
demnity and the purpose Of the insurer
70 have a fair game Of chance on that
proposition when the question OF title
becomes a question Of that game Of
Senator Buchman--I believe 50 II n
-ut i've cents against a hundred dollars, |
] think am standing good chance
the illustration o. applicable the tnsur-
ance company putting in the FIVE cents. /
But We are not playing a game Of chance
on the question o. IRE IN that policy and
not on the question Of whether or not /
there was perfect title TO the property /
In the insured az the time OF the issu-
Senator B1ckman--Yes. I am playing
n game OF chance on the question, but /
the company IL taking. the greater risk.
IN only the five cents and the poor fellow /
the $4,000? md the insured have reason /
20 believe the question % title was 10
have any part IN this game Of chance7
Senator Buckman-Yes ne knows n he /
r. honest, he cant Insure what he doesn't
own.
Senator FlournOy-But we agreed upon
that The question Is entirely different
when he does own g.. though by an i'm i
perfect title. DO you think an honest, un-
suspecting man would have so considered
Senator Buckman-An honest man. yes |
Senator FlOurnOy-I understood you to /
say you wanted TO be fair. ls Il fair 20
permit Insurance companies 20 issue that
policy, when no questions are asked and i
no representations made, 10 accept the
premium, year -er year, with no chance /
10 lose. because Of the clause. and then
defeat the right Of the insured to recover
without returning the premium on the
ground there was no perfect title In the
Senator Buckman--I don't see any rea.
son why Il isn't. He has had the same
game OF chance on the risk up 20 the
Senator FIournoy-But ne ala not know
Of the clause or suspect that the Inn
his risk. He was Insured against Are not
title Isn't Il fact parties ought to be
bound by contracts only when they as
sent TO the terms and conditions3
Senator Observation-Disclosures
Senator FiOurnOy-What was the con-
tract Of the parties at the time OF APP
plicatiOn for the pOlIcyf
Senator Buckman-What was stated in
the policy
Senator F1ourhoy--No. that Is a kind
OF practice g answer questions by an
kindly answer them as ! get 70 them.
What was the terms OF the contract at
the thine OF the application for insur-
Senator Buckman-I dont know how 20
answer that; a man must be the owner
Of property and the terms are set out In
Senator Fiournoy-Was that a part OF
the terms Of the contract when no ques-
lions were asked and no reDresentationsI
Senator Buckman--I think 30, n I take
i i. and pay my money without reading Il.
Senator Flournoy-But the application
IL for insurance, isn't III
Senator Buckman-So ] understand.
Senator Flournoy--And the reply II
Senator Buckman-HeA, cir, the reply il .
viii give u TO you IN this shape.
% tbst Ss,e FlouT nstys En9T, WIN ges
or a contract TO suit himself, brings II
over. gives II 10 the Insured. Are these
conditions IN the contract part OF thel
original oral contract az that timer
Senator Buckman--I don't think I need
shy 10 the gentleman Of the Third that
when a contract has been reduced 20
writing and parties accept n, whatever
faa transplTed before q not material.
Senator Flournoy-But / haven't gotten
20 the question OF acceptancef
The Prcsident-The REORGANIZATION
OF the Senator u out OF order.
Senator BuCkman--I could answer g.
The President--The examination n out
u tt'ltr.
senator Fipurnoy-There Ia nothing
sntoy more than n ross-examinatiOr.
Every lawyer on this 1oor understands
the real issue Il TO be determined. the
real real truth Is to be SECURED, |
were not for the privileges OF oross-ezam.
inHtions, the power Of the courts Woaid
be limited and the courts and lawyers
whose bQunden duty n 20 establish the I
truth and secure administratiOn Of justice
examination. That privilege and that
duty would often amount 10 nothing IN
establishing the rights OF individuala %
contracts Mr.. President. n az the time
Of the issuance Of that policy this was
on t6s psrt o. smith Cor inaemniiy, and
a reply on the part OF the agent. / VIII
go 10 my Offlce and write that policy.
then there was no representations made
- The tune and no questions asked az
us Go presume or assume that anything
was a part Of the condition Of that con-
tract except the application for indemnity
and the expression on the part 81 the
can't assume or presume the party M. ,
tended that large number Of conditional
would b. IN the contract when he simply
asked for Indemnify. lie had no reason