The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-11-05

until payment Of the purchase price.
are not subject to distress and sale
for unpaid rent due the lessor I'M
I'll they arc Constructed and equipped
as a soda fountain in readiness Tor
use by the tenant. as agreed BY the
parties 70 the condition By the ownerS
OF the leased premises.
]. Where sale OF chattel Is COM
p!ete 10 pass title. or execu,ory only
is 10 be determined from the intention
OF the parties as gathered from the
contract. the character OF the thinS
! sold. the use :or which It Is intended.
and the circumstances surrounding tho
sale.
( 5. Where the proof in deunue IS
insufficient 20 support any verdict 9th
I or than one finding for plaintiff.
wherefore defendant can suffer no
prejudice. u judgment for the pos
session Of the property II !; can be
/ had and II not for tho value ascer-
tanned by the jury. comfortable WITH
/ section six. chapter l02. code, and
I Identifying It by the description con
tanned IN the summons and declara-
ton. Is not IN such circumstances err
roneous merely because the verdict
FOR the plaintiff the sum Of S522.22"
that amour; being within two dollars
! Of the value OF the property as proved
on the trial
PauIey Case Decided.
In the case Of Pauley and Son
against the sun Insurance Company. it
was shown that Pauley and Son con-
Quoted a general store at Holly hurst,
RroGndland For a number OF years
I they had been doing business with the
/ insurance agency OF Jones and WinE-
Ter and instructed that firm to place
, a insurance policy Of 81. 800 upon ;heir
stock OF goods and $500 on the build
I ing. The Jones and Winkler Company
placed policy with the Sun lasur-
ancc Company. which n week later
was cancelled by that company and tho
/ Jones and Winklcr Company notified
and claim that a notice was sent 10
Pauley and Company. They rewTote
the policy in the Connecticut Fire In
surancc Company. OF Hartford. which
was also cancelled by that company.
They then brolercd the policy N
anoih.r company and finally a fourth
paiIcy was written. on January :"
Inc s,oic and its entire contents wore
burned Pauley and Son Immediately
ROUTED Jones and Winkler OF The ire
and were told that the insurance fol
icy had been cancelled which they
claim was the first information they
had OF the fact. The plaintiff claims
they never received the notice OF can
collation. Suit was brought in the
circuit court OF Kanawha county and
the jury returned 4 general verdict
for the plaintiff from which the de-
PENDANT appealed.
In the syllabus to his opinion at
frming the decision OF the lower court
President Williams said:
l. Denial OF liability by the In
surer. within the time allowed the
Insured to furnish proof OF loss. on
the ground that the policy has been
cancelled. IS a waiver OF such proof.
2. An agency 10 procure insurance
does not imply a continuance OF such |
agency, after the policy has been de-
livered to the insured. for the pur-
pose OF canceling 1t or receiving mo-
tice OF cancellation.
:. The existence OF vendors lien |
upon a house insured against loss by
IRE does not constitute a breach OF
a warranty that the insured is the
sole and unconditional owner there
Of
4. The production of set OF books
kept by 4 retail merchant showing q
complete inventory OF the stock OF
goods on hand. taken three days be-
fore the date OF the policy. and an
i;emized account OF the goods pur-
chased and added thereto between the |
date OF the inventory and the date OF
the loss. together with an account OF
the amounts OF daily sales. cash and
credit mingled. entered at the close
OF each days business. although not
showing the items sold nor disting-
uishing between the cash and credit |
sales, is nevertheless. a substantial
compliance with what is termed the
iron safe clause in a standard FIRE in
surance policy.
In the ease OF NJ. c. Hodge against
the Charleston Interurban Railway
Company from Kanawha county,
Gudgmen; and opinion by Judge Pof-
fenbarger reversed. judge reinstated.
Judgment. the plaintiff claimed that
on February (. 1915, as she was en-
terlng the vestibulc OF one Of the de-
PENDANTS cars on Capitol street and
while she had one foot on the steps.
holding by one hand 10 the handrail Of
the car. she was terked 10 one side OF
the doorway 20 the other by the sud
don movement OF the car. After go
ing Il few feet another violent move
ment OF the car threw her against the
other SD Of the car. by reason Of
which she was bruised about both
sides Of her body. Plaintiff further
states that the violent Jerking Of the
car and the injuries she received by
reason of It she gave premature birth
Of an infant four days after the acct
dent occurred. Since that time she
has been an invalid. She entered suit
IN the circuit court OF Kanawha coun-
" and the jury awarded her $4,000
DAMAGES. which verdict the court set
aside whereupon tie plaintiff APP
What Court Holds.
IN the syllabus 10 his opinion Judge
PonenbarCcr said:
I. 4 caution to counsel, by the
court. against comment IN argument
upon a matter not IN evidence given
IN response 10 an objection. sufficient
90 -atfsc y i'm IN deeiSf and n judicial