Rensselaer Semi-Weekly Republican, Volume 40, Number 4, Rensselaer, Jasper County, 20 September 1907 — INSURED HAS RIGHTS [ARTICLE]

INSURED HAS RIGHTS

GUARD FOR POLICY HOLDER DECLARED BY feoURT. Decision la that He Can Reacted Contract if Fraud la Shown— Train Runa Into Tornado in Pennsylvania. . The Appellate division of the Supreme Court, sitting at Saratoga, N. Y., has handed down a most important decision. The effect of the decision is that where an insurance company is guilty of fraud on a policy holder at the inception of the contract, the policy holder, on discovering the fraud, can rescind the contract and recover all the premiums paid, with interest, and the defrauding company must •tand the loss that ensues from its wrongdoing. The case at issue was that of John Moore, a lawyer and editor of the Elmira Telegram, against the Mutual Reserve Life Insurance Company of New York. The case was tried in Elmira before Justice Lyon in May, 1900.- Justice Lyon found that the fraud alleged had been committed by the false statements made to Mr. Moore personally at the New Tork office, declared that the policy should be rescinded, but charged the plaintiff with the cost of the company- for carrytags the life insurance for fourteen years and gave to plaintiff damages of only.. >292. Mr. Moore at once took an appeal, asking that Justice Lyon's decision be modified by giving him judgment for $3,630, the amount he had paid as premiums, with interest, and as modified the judgment be affirmed. The insurance company also took an appeal, asking that the entire . decision by Justice Lyon be reversed. The .decision establishes a precedent in this line of cases, and it is probable that it will be carried to the Court of Appeals. However, in that event, the . insurance company will have to give a bond. - BASE BALL STANDINGS. Games Won and Lost l»r Clubs In Principal Leagues. NATIONAL LEAGUE. . 6 W. L. W. L. Chicago ....97 38 Brooklyn ...62 71 Pittsburg ..79 53 Cincinnati ..55 79 New Y0rk..77 56 Boston .....50 80 Philadelphia 70 59 St. L0ui5....40 94 AMERICAN LEAGUE. W. L. W. L Phil’delphia 80 50 New York.. .62 70 Detroit .... 78 54 Boston ..... 58 76 Chicago ....79 55 St. Louis. —55 77 Cleveland ..76 57 Washington. 40 89 AMERICAN ASSOCIATION. W. L. W. L Columbus ..90 64 Kansas City. 74 76 Toledo 88 65 Indianapolis 73 80 Minneapolis 78 73 Milwaukee ..71 80 Louisville ..77 77 St. Pau1....58 94 X. WESTERN LEAGUE. W. L. W. L Omaha .....80 60 Denver .....56 66 Lincoln ....73 57 Pueblo 61 72 Des Moines. 74 59 Sioux City. .48 83 FLYER HITS TORNADO. Roof of Car la Torn Off—Possengers in Fanlc. The fast Reading express for Pottsville had a remarkable experience near Reading. Pa. When-going fifty miles an hour it pin into a tornado, which tore off the roof on one car and caused a panic* among the passengers. When the train struck the whirlwind the shock was so percept! ble that many thought the emergency brakes had been applied. Just before the train rushed into the funnel shaped cloud it became as dark as night and rain feE in torrents. The roof was carried away in the cloud. Gives Up for This Year. Walter Wellman has been forced by adverse winds to abandon bis daring plan to reach the north pole by the use of a huge airship. After two years of preparation and the expenditure of a large sum of money his hopes have been disappoint-’ ed, and the announcement has been received that he will give up the ‘attempt for this year and return home. Weighs 535 and Is Grovying. Physicians at the Kings county hospital. Brooklyn, N. Y.. have there a most remarkable case of elephantiasis. The patient is Mrs. Juliette Felt of Brooklyn, a widow. G 3 years old. Before she was attacked by the disease she weighed 149 pounds. She now weighs 525 pounds and ie gaining daily in sise. Long-Lost Wreck Fouad. While lifting his nets off Van Zuren Point in Lake Erie, Gus Ormsby, a fisherman, discovered the wreck of the propeller Dean Richmond, which was lost with all on board in a storm in October, 1893. The Dean Richmond carried a cargo of lead and copper ore valued at >209,000. Three-Minute Dlptherla Cure. Announcement of the discovery of an antitoxin that will kill diphtheria germs in the living human organism within three minutes has been made at the Ohio State university by Prof. Blylie, physiological chemist, as the result of an exhaustive technical and intricate series of tests. Skioii’i Fatalities in Alps. The toll of Mummer victims of Alpine Accidents is the heaviest ever recorded. Higlity persons were killed and twentytwo injured in ninety accidents this year, as against the previous record, seventy-six fatalities in 1906 in seventy-one accidents. r Twenty-Five Persons Killed. Twenty-five persons were killed and snaay were hurt iff the wreck of an excursion train on the Boston and Maine Bailroad near Caanan, N. H, the result tof a blunder by a telegraph operator.