Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-12-24
'MAUSERT IS A
PLAINTIFF IN
LOCAL SUIT
Seeks Through Trustee to Re-
cover Insurance on Mon
mouth County Home.

AS trustee for George 4. Mausert,
former proprietor OF the Hotel Broad,
Alfred Yankauer. of New York, has
started suit Ia the Newark branch Of
the United States District Court
against the Agricultural Insurance
Company. with officers in New York
city Tho Newark Trust Company
is a eo-plaintifr in the suit. The case
Is being tried before Judge Haight
and a jury.
The action has been brought to re-
cover on an insurance policy issued
to Mr. Alausert by the. defendant com
pany on his former summer home on
Ocean avenue. Monmouth, Monmouth
county. On January 3, 1914, Mr..
aIausert's dwelling house anS a barn
in the rear were destroyed during a
violent windstorm and tornado.
The plaintiffs claim that Mr.. Mau-
sert's policy, which was for $500.
protected him from such loss. The
insurance company has refused to
pay the amount due ON the policy, 1t
is asserted. Damages to the amount
OF. $4,000 are asked.
The Newark Trust Company held
q mortgage on the Monmouth prop
.erty for 5000. which accounts for
their interest in the suit
The insurance company contends
that the actual loss TO the buildings
was incurred because of a tidal wave
and not because OF windstorm or
tornado. They claim the policy did
not insure protection against tidal
waves.
The defense also claims that
Mausert violated the terms of the
policy in that he did not notify the
company within sixty days after the
date of the Storm and that he failed
to- abide by other technical provisions
of the agreement.
Theodore McCurdey Marsh OF the
law firm of Raymond. Van Blarcem
& Marsh, is representing the plaintiffs
and Leo Levy of New York is appear
ing for the insurance company
Mausert Not to BE Witness.
Afausert, who was convicted in the
Essex County courts on a charge of
conducting a disorderly house. viii
not be called as a witness, II was
stated by counsel.
Former Judge Wilbur A.. Heisley,
counsel for Mausert in his fight to
have the conviction set aside by the
upper courts, stated today that the
former hotel man is at his home IN
New York City. ready and willing 10
start serving his sentence of one year
in State prison.
II can not understand why Mr..
Mausert has not received word from
the prosecutor to come here and sur
render himself said Judge Heisley.
HE has made all arrangements to
start to serve his sentence and has
been waiting patiently to hear from
The prosecutor He is anxious to start
his prison term at once, and can not
understand this delay"
It was explained at the prosecutors s
office today that the reason for not
enforcing the sentence against Maui
sert Is that the reguittitnE or record
Of the case, has not been returned
from the Court OF Errors and Appeals
at Trenton. This paper contains the
record Of the case and the decision of
the court denying the appeal There
Is said to have been some error in the
paper but that this IS being correct
ec, and the paper Is expected within
a few days Not until its receipt.
however, viii Mausert be sent FOR. bat
he win be called as soon as It Is re-
turned and then his sentence will
begin.