The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1921-10-06
Williams Mfg. Co. Wins
Suits for Insurance
Continued from Page u

against the Insurance Co. of North
America and the jury returned a
verdict for the Williams Co. to
recover. The case went to the SUI
preme court on exceptions. The
case was argured at special SEES
sion of the Supreme court in April
1916 and Feb. II, 1919, an opin-
ion was filed reversing and re-
handing the case.
The same case was again tried
at the June term of county court,
1919, when the jury again found
in favor of the defendants to. re-
cover, but the case again went to
the higher court on exceptions.
At the December term of Gale
donia county court in 1919, the
other six cases were combined
and tried and the jury's verdict
was for the plaintiff.
The Supreme court at the May
term 1921 heard the exceptions in
the seven cases and rendered judg-
ment affirming the judgments OF
the lower court in each case.
Since the institution of these
suits H. L. Williams, the president
of the plaintiff company, John l..
Richie. treasurer of the Citizens
bank, Crawford Ranney and Mrs.
Ranney, all of whom were con-
cerned in the original transactions
have died, and various other wit
nesses have removed from the
state.
At the last term of county court
the insurance companies, though
their attorneys, Shields and Con-
ant. brought action before Judge
Wilson to have the insurance poll
cies in the case reformed accord
ing to their claim to cover the
property they alleged was covered
in the original contention. DAVID
F. Porter of st. Johnsbury and
John E. Redmont of Newport re-
presented the Williams company
at this hearing.
The case was begun July and
lasted a week. Judge Wilson's md
iags of fact are distinctly In FAVOR
Of the Williams company In its
ORIGINAL contention. Judge VII
son was unable to find that there
was any mutual mistake IN the
making of the insurance pohcies
but that they covered the proper
tv burned, the property the VIII
l;ams Company intended and sup
posed was covered by the policies
Judge Wilson finds that the IN,
shrance companies have delayed
an unreasonable time before
bringing proceedings to secure the
reformation of the insurance con-
tracts and that the companies
have failed to establish any rea-
sonable excuse for such unreason-
able delay. Judge Wilson's re-
port finds that the insurance COM
panies had knowledge of all the
essential facts which are now be-
fore the court pertaining to the
making.of the insurance contracts,
when they elected to defend the
suits at law instead of seeking in
equity to reform the contracts.
The report calls attention to the
great expense this action has
caused the Williams company, in
delay and actual expenditure and
finds that the insurance accompanies
are guilty of laches in not earlier
aecertaining their rights and la
bilities and the remedies available.
The report also finds that to
grant reformation of the insurance
contracts at this late date, even
if otherwise warranted, would en-
danger the rights of the various
attorneys, who are parties to the
proceedings, loss they ought not
to be allowed to sustain.
1t is expected that this marks
the end of this long litigation and
that the matter will nAw be adj
justed without further appeal to
the Supreme court.