Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1913-10-21

the trial list.
Most of the active practicing attorneys
of the county were present at the open
ing session, and few visitors from other
counties.
Tuesday afternoon the traverse juries
were empaneled as follows:
FIRST JURY.
Washington Head, Buckdeld, Foreman.
NJ. 4. Barker, Rumford.
Lonnie Crabtree, Hiram.
Ell A. Grover, Mason.
Simeon II. Hartman, Norway.
Fred II. johnson, Waterford.
Fred l.. Ordway, Gilead.
j. r. Palmer, Hartford.
Oscar w. Parsons, Paris.
l.. q. Perry. Hebron.
Stanley NJ Wheeler, Paris.
George L. Wilder. Oxford.
SECOND JURY.
Llewelyn ID. Elliott, Rumford, Foreman.
C. ID. Austin, Mexico.
VIM. +. Cox, Norway.
+. 4. Fessenden. Brownfield.
w. s. Fox, Lowell.
II. ID. Harnden. FrYeburg.
Adna w. Knight. Peru.
Walter Pinkhsm, Stow.
Clarence K. Ring. Sweden.
Charles o. Stacy, Porter.
Elmer j. Stearns. Bethel
Bailey A. Trumbull. Denmark.
sUPERNUMERARIEs.
Charles II. Eustis, Dixfeld.
Harold s. Stanley, Bethel
Wednesday morning five men were ad
mitted as citizens, excellent testimony
being given as to their good character
aud fitness for citizenship. They were
Edward Fraser, Joseph NJ. Robichaud
and Leouidas Legare Of Rumford and
Bernard Ellis Patterson of Canton, all OF
whom came to the states from Canada,
and John Henry Maata of Paris, who
came from Finland.
VERDICT FOR LIFE INSURANCE.
cases assigned for the frat two days, so
that there we're no trials. Thursday af-
ternoon the trial of the case of Hattie E.
Delano vs.. The Phoenix Mutual Life In
surance Co. of Hartford, c., was begun.
This was suit brought by Mrs. Delano
(who has since become Mrs. Glover to
recover an insurance of $1,000 on the life
of her husband, the late Ellis Dslano Of
Canton.
1t appeared from the testimony that
on the 25th of May, 1911, Fred n. Jor-
dan of Portland, travelling agent of the
Phoenix Life Insurance Co., called upon
Mr.. Delano, who signed an application
for insurance filed out by Mr.. Jordan.
A few days later Mr.. Delano took the re-
quired physical examination, and for
warded his application to s. Il. Meal
pine, the general agent of the company
in Portland. A policy was duly made
out, and was forwarded by Mr.. Meal
pine to Mr.. Delano, who received it at
the Canton Point post office on the 9th
of June, and placed it in the possession
of Mrs. Desno.
About ten days later Mr.. Delsno while
eating got piece of meat lodged in his
throat, and though it was afterward
removed by surgeons, the resulting in
fiammation was so great that he was
obliged to 60 to hospital, where he
died on the Goth of June.
The company when notified of the
death refused to pay the policy, and con-
tested this case, on tho ground that no
payment of premium had ever been
made. 1t is distinct provision of the
application and the policy that the poll
premium has been paid. This payment,
the company contends, was never made.
On the part of the plaintiff it is con.
tended that payment had been made,
or some arrangement for it's payment
that was satisfactory to the company
1t was drawn out that Mr.. Jordan, In So
liciting the insurance, had told Mr.. Del
auo that he would himself IL necessary
advance the amount Of the first pay
ment, provided Mr.. Delano would give
him a note. No note, however, Mr.. Jor-
dan said, had ever been given. 1t was
argued by the plaintiff that Mr.. Delano's
actions regarding the policy, from the
time he gave it to his wife and during
the remaining days of his life, were
such as to indicate that he considered
the policy in force.
Mr.. Swasey was counsel for the plain
tiff, and Mr.. Wright for the defence, ant
the case was sharply contested on al
points, though there was but mesger tes
timony bearing upon the point 10 dis
pute. Judge Hanson instructed the jur!
that 1t was their duty to determine
whether q payment had been made, or
waiver of the conditions of the polio!
had been made by the company. Th'
Jury was out little more than an hour
and returned verdict for the plaintiff
for the amount of the policy and inter
est.
EMERY & ROSE VS.. GERRITY co.
The second case tried, which was open
cd Friday forenoon, was that of Warren
A. Emery of Bethel and Charles B. Ros
of Norway, doing business under tn
firm name OF Emery & Rose, against ths
F. Gerrity Co. of Bangor, and was TO
a balance claimed on q lumber contract
In the season of 1912 the plaintiffs wer
running saw mill In the town OF Free
dom, and they contracted with defend
ants to furnish them box boards loade
on the cars at Thorndike. In pursuI
ance of that contract about six thousau
dollars worth of lumber was shipped b
: the plaintiffs during the season. The
bring this suit TO recover . balanc
claimed as due on the lumber actuall
|, delivered to the defendants Of S4363a
and in addition the amount Of $129.40 q
damages Tor three cars Of lumber whic
the defendants refused to take, and th
plaintiffs disposed OF elsewhere at ths
amount less than the contract price wit
J the Gerrity Co.
!, Previous to the trial, the defendant
{ had made the plaintiffs tender Of $40
, in settlement, which the plaintiffs n
] fused to accept.
It was contended by the defendant
that there was . small shortage In tn