The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-06-05
L00TIhG sIoll|
IADiGNhhIII
DENIED
Mrs. John c. Wright says
Took Goods From Dillon's g.
But Paid the Price
Agreed Upon.
Court Directs Verdict for KroEk
Co., Adolph Fixel and Burnha1
Stoepel a Co. BIZ

Under an important ruling hare
down by Judge Mandell, Satux(
morning, the three co-defenda1
Adolphu5 Fixel. A. Krolik e Co. Il
Burnham. Stoepel q Co., are eliml6
ed from Hugh Dillon's suit to recou
$4,000 paid Craig. Wright & WAN
adjusters, for adjusting the Dillon
losses, and the case will now proc
against Craig, Wright & Walker alol
AS to the three co-defendants q
court directed the jury to render = p
dict of no cause for action.
This means that the case will u
ably last for at least two weeks LONE
1t has already consumed about tl(G
weeks. The trial has been one Of q
most sensational In the annalB Of e
circuit court. Serious charges NJ
made by the Dillons--Hugh Dillon q
wife-against some OF the defendau
alleging they had helped themsolV
to goods at Will during the fre sa16s
Arguments on the motion to tnT
the case from the jury occupied all G.
Friday. While reserving his decisio
Judge Mandell directed Craig, WriNI
& Walker to be prepared to 20 C.
with their defense Saturday mornin
Accordingly the trial was resumo
Immediately after the court had rou|0
cred his decision. .---.-..rva. "a
Judge Mandell's decision was a Ger
plete ,exoneration for Adolph T3x1|
credit man for Krolik & Co., was lar
ly blamed by Dillon for engineering IT,
alleged conspiracy by which he "
deprived OF his insurance policies. A.
Craig. Wright e Walker paid III
fee for adjusting the loss.
Judge MandeIrs Decision.
Judge Mandell In his decision, san
in part: These defendants an
charged. TO speak in a general wny
with having joined with the defend
ants. Craig Wright & Walker In an IN
lawful conspiracy to fraudulently a
prive plaintiff of $4,000 of his insu1
ance money. and with the unlaw{U
conversions Of insurance monox1
There is no positive proof that tho1|
ever was an understanding betweo(
the defendants 10 commit fraud upol
the plaintiff, hart plaintiff claims the
such an undertaking is established q
inference from the acts and condtIc|
OF the defendants. and and determine
that the evidence construed most uln
favorably against the defendants fan
to raise a presumption against the
under the charges and wording of tt
narr. and the jury would be unwaE
ranted In holding them guilty.
II also find that the plaintiff securol
through authorized agents a scttI1
ment that was advantageous to hfn1
self and involving a loss to these a.
PENDANTS at time when he entertaiu
ed secret and purposely undisclogo(
intention OF subsequently cIafmin1
damages for wrongs which he seer
In this suit TO recover. BY his "a
ence he sought to gain an advantage
and under the approval doctrine tha1
one cannot be permitted to gain -
advantage by remaining silent whent
! is his duty to speak out, the plaintiff
is now estopped from urging his fS1y
Their damage, and from denying thu
the settlement effected was OF all out
standing claims.
"For these reasons I feel constrain
ed TO grant the motions and verdic|
OF rot guilty will be directed as to tn
plaintiffs, Adolph Fixel, Burnhaul
Stoepel & Co. and Krolik q Co."
The most interesting witness for tn
defense Saturday was Mrs. John @
Wright, wife of one OF the defendants
Her testimony was complete denial
OF the testimony of the billions ~
garding the footing OF the store.
Mrs. Wright admitted visiting the
store with the wives OF the other mem
bers OF her husbands firm. and select
ing goods. She says she was escorte1
about the store by Mrs. Dillon. and
shown the goods she desired to see<
She selected a bill OF goods which
amounted to $3.50, and this was paid
for at one-third value, as per agree
ment. before she left the store.
Mrs. Wright had with her the nst
Of goods she selected, which includes
linens. silks, cotton, bolts Of ribbons
and laces, and wearing apparel. she
contradicted the testimony OF Mn
Dillon that she almost completely DE-
nuded the millinery department. q
plumes. She said she got only one
plume. and found when she got home
that Il had been broken and piece.