The free lance. (Fredericksburg, Va.) 1885-1926, 1910-11-01
SHIRT FACTORY CASE
Jury Brings In Verdict for Shirt
Company
AWARDS $174s.ss ON S25OO POLICY

In the Corporation court Judge Alvin
7. Embrey concluded his argument for
the insurance companies in the Shirt
Factory case at the afternoon session
Friday. Judge A. A. Phlegar follow
ing for the insurance companies. HIS
argument was listened to with I'M
broken attention by the Judge, jury
and spectators.
Mr.. Carter followed Judge Phlegar.
When he referred to Judge Embrey's
attack on Mr.. Brown for untruthfulness,
he said that he would much rather
have Mr.. h. s reputation for truthfulness
in this community than that Of Judge
Embrey, and said that if Mr.. Brown
had been present in the courtroom
when Judge Embrey made his attack,
the latter would not have made IL.
When Mr.. Carter finished, the case was
given to the jury. After elaboration
of about one hour and n half the jury
brought in verdict in favor of the
Shirt Factory company for $l749.99
with interest from March 10th, 1910.
The amount of policy was S25OO. II
was agreed at opening of case that the
decision in this case would apply TO all
of the other insurance policies. The
verdict is subject to the demurrer to
the evidence.
Before Diminishing the jury the Judge
complimented them for their marked
punctuality on their attendance in court
and thanked them for their patience
and attention during the long trial.
Then court adjourned until IL O'Clock
Saturday, to hear the argument be-
fore the Judge on the demurrer TO the
evidence.
ARGUMENT UPON THE DEMURRER
When court convened at eleven
o'clock for the purpose Of hearing
argument upon the demurrer to the
evidence in the Shirt Factory Com
pany case Judge Embrey opened the
argument to sustain the demurrer.
Judge Embrey made a short, but
very able legal argument. He stated
that the determination of the ques-
ton before the court practically
took the case out of the jury s
hands and that under the motion
the court would have to say
whether the plaintiff was entitled
to anything at all. He then pro
ceeded TO discuss the insurance law
of Virginia. as determined by de-
cisions of courts and by statutes
and applied IL TO the case at bar
in a clear and forceful way. He
drew a distinction in the applica-
ton of the provisions of an insur-
ance policy to a merchandise bust
ness and manufacturing business
He charged that while the Virgin
ia Shirt Co. may have kept rec
ord OF the sales and purchases.
they have not kept a record of the
business transacted as the policy
requires. He then cited long
list of authorities to sustain his
contention.
Mr.. Fitzhugh followed Judge En-
brey, and before he took up the
argument of the demurrer he en-
tered into a vigorous defense Of
Mr.. Brown. who had been charged.
he said, by counsel on the other
side with being a liar and a thief
He then scored Mr.. McKenna as
hired expert and detective. He
scored the attorneys for the de-
Tense for their attack on Mr..
bIONn anu tneH eHNSieu lHtO q"
mastery argument upon the demur-
rer. He held that the terms of
the contract of insurance had been
complied with The inventory was
better than half the merchants OF
Fredericksburg take. He held that
the books were sufficient and show
ed the business transacted and the
sales and purchases, and cited au-
thorities TO support his contention