The Barre daily times. (Barre, Vt.) 1897-1959, 1914-05-06
In Case of Uncompleted APP
plication for Change
of Beneficiaries
WHEN DEATH STEPS IN
AND TAKES INSURED
Important Opinion Handed
Down in Supreme Court
in Woodmen Case


an opinion handed down yesterday aft
ernoon, that proposed change of BENG
iicaries in fraternal life insurance is not
valid unless the papers proposing the
change are received by the head Office
of the concern, even though the papers
be on the way at the time of the death
of insured. This was settled in an opn-
ion in the case of Modern Woodmen of
America VS.. Lottie Headle, Guy Milo
Headle, Carrie Elsie Headle and George
A. Granger, guardian for G. NJ and c. K.
Headle, the case coming from Rutland
county court
By the opinion in affirming the iudg-
ment of the lower court. the widow,
who was the original beneficiary to the
$1,000 insurance, gets the full amount.
William Headle, the husband who was
insured in the Modern Woodmen. few
days before his death asked the lodge to
change the beenfeiaries so that instead
OF the whole amount being left to his
wife onehalf would go to her and the
other half to the children He died be-
fore the papers proposing the change
reached the head Office and the question
arose whether the change was valid.
The court held that the change had not
been made on the company's books when
the member died and also that each par
ticular case is governed by the bylaw
of the order affecting beneficiaries.
An opinion presented by Chief Judge
Powers was to the effect that if the Rut-
land Railway, Light & Power Co.'S cross
ing had been properly guarded John w.
Blanchard's pair of horses would not
have been able to walk down the track
to be killed even though the driver did
fall asleep and allow the animals to
wander at their will There were no
cattle guards at the crossing and the
horses went down the track and got
their feet caught so that the animals
could not be extrieated in time to save
their lives. Judgment of $500 damages
was affirmed.
Mcdonald VS.. Place Case
la the case of John w. Mcdonald. re-
ceiver for the Sutherland Granite Co. of
VS.. Frank L. Place. the judg-
ment for the defendant, awarded in
county court some time ago,
was affirmed by supreme court. At
firmstion of verdict for the defendant,
Place, brings to an end one OF the mosti
fought cases in some
time. According to the Judgment. it is
shown that the defendant sold his shares
in the Sutherland Granite Co. to the
Frontinis of Waterbury; that the pur-.
ehasers paid for the shares certain mon
eys invested in the granite company
agreeing at that time to restore the
money to the company within stipu!
lated period. This they did and as
matter of fact, they added some $4,000
to the sum alleged to have been diverted !,
in purchasing the Place shares. In
bringing an action of general assumpsit
against Mr. Place it is said to have
been intimated that the temporary di-,'
version of funds was effected by the de-
endant, whereas the Judgment awarded
ly county court after a referees hear
ng and affirmed by the supreme court,
,xonerates the defendant. I
Judgment was reversed in the Orleans
county case of IL. ID. Stannard VS.. NJ. L..
md H. w. Tillotson and trustee, and Il
Judgment of 3,l20.50 damages and costs
n county court less costs in supreme
ourt was found for the plaintiff. In
he lower court verdict was given the
,laintiff for $5773.79, the case dealing
With the right to sell goods from a store
which was in the hands of receiver.
In the Franklin county case of John
3. Alfred VS.. Susan B. Alfred and s.
dwight Alfred, petition for contempt of
ourt the petition was dismissed with,
osts.
The cause was remanded in the BEN,
ington county cases of Ames Johnson,
s. Bennington & North Adams Street.
Hallway Co. and Bennington & Hoosac
alley Railway Co.; the declaration was,
djudged sufficient.
A Road Culvert Damage Case.
In the Orleans county case of Charles
Iaynard VS.. town of Westfield judgment,
t S2366T for the plaintiff was affirmed.
n this case the plaintiff sued for dam,
ges caused by injuries to horse whenA
] fell off culvert that had no guard,
all. The horse was being led behind
mother team and on approaching thes
ulvert at the other end of which there
as a stalled automobile, the led horse
cared and fell off the side of the eul.s
ert, being killed.
Judgment OF the lower court giving
verdict of $95S.5l to the plaintiff in
he Windsor county case of Nellie f..
ewton Administrative for Tyler New,
On VS.. American Car Sprinkler Co., tres
ass and trover. The case involved the
ght to cut timber and injure otheri
roperty.
The cause was remanded in the Frank
n county case of Roland NJ. Smyth vs..
entral Vermont Railway CO., with di-
,ction that the orators bill be dis.
issed This was bill in ehaneery
Ivolving bonds on which the plaintiff
,ught to recover with coupon interest
,vering a period of % years.
The Franklin county case of Clara
isher and others VS.. city of st. Adams
as sent back to the lower court with
der to dismiss the bill unless the case
brought in chancery.
Judgment was affirmed in the La,
ollie county case of b. A. Hunt vs.,
l.. Lewis, and the cause was remand
|. Like disposition was made of the
'indham county ease of John ID. Pierce
!. Vivian +. Mitchell.
Justice Powers announced in the Ben