Show Fit THE 11 MUTUAL Judge Ju Marshall instructed Jury Jit to Do Iii DoSo Doo So o til iii Case Judge Marshall In the tie federal court cour today tolay Instructed the tho jury to return a I m verdict for the lie Mutual Life LICo company bf bt t New Nen York In the case ol or o oGeorge George Gerge H hi 1 Payne administrator tor This Is n a case where the plaintiff sought to recover on an Insurance on the life Ue of ot Harriet A Payne deceased The Time claim VM 1 ninth made by plaintiff that application had bud been beer made for the Above Insurance and a note had lad given In payment of ot ollie the lie lImit first premium amounting to tl that tho applicant died die In September last and amid that proofs of ot death had hall beer forwarded to tg the company compan whereupon judgment was naked n ked for tor the tho full rUI mount amount of ot the alleged policy The defendant company who Is represented represented represented In Utah by Mr Hulon S Wells Wels denied and und proved that no such roll eon contract tract of ot Insurance was wan wal ever completed owing to the tho fact tact that the policy pole was 0 never delivered nor was the premium ever eve paid palt either lher by b cash or note that there vas sea no obligation on the pa part it of at atthe the tho Insured ed ever eer given to the tle agent who ho wa was Mr Ir E K L I Chesne or ar to the tue company requiring a payment of ot the premium This was so o clearly cearly proved by the Ito testimony even by the molly mony Payne the plaintiff that Judge Marshall instructed the jury to return n a n verdict for Cor or the company with without out leaving the box ad for tor the Mutual There Ther Ii nn Interesting story conn connect connected ct ed el with wih the writing of at the the policy It appears that the company offered a agold agold gold watch to the tle agent who would turn In the greatest amount of at In Ina Inglen ina a given glen time and Mr Chesney Cheney In or order order orthor der thor to secure this prise induced Mr Ir Payne to take out a policy on OD the tle life of ot his ls wife wiH with the understanding that It w would cost them nothing but lut with withholding holding this tact fuel from the lie company The application was Wll made In due form anti And nl the policy Issued Isue In like Ike manner end and an delivered to the agent Mr Chesney Ches Chesney Chesney ney who was required to collect clec tho ho premium anti and deliver the policy pol I ThIs however hoever was 11 not mint nt done but bUl Mr Nr Ir Ches Thea Chesney Chesney Theaney ney In order to make sure sur of ot winning the valuable timepiece paid iid Ild the Ih net amount duo 11 the company cm ln and kept It there here ther When chen he later Inter read ral the ac ste account account count of ot Mrs Ira Paynes death deth the policy was ans resurrected and an agreement was mad Mr lr Payne and Mr r Ches ney anI an the other heirs her of ot the deceased deel ed d to lo My py Mr r Chesney 5 for se securing curing the Insurance Mr Payne how however ever lver eer after consulting with his hll attorney decided d not nt to abide abil by b the agreement on n the ground grund that It I was w wa fraudulent antI and not Dot binding and so 11 notified Mr Chesney hesney through his attorneys Chins Ches Chesney ney sey then consulted an attorney who ad advised vlee him to go to Mr Wells Wels and end make a 1 complete te confession returning all al the paper apers Including the policy pley Which was waa wa hone done one The company then hen ordered Its Is man manag ag r here her Mr Wells Wel to return to Ches he hel ne me l P the net amount Imo n paid ld by b him which ne he ie did l and refused rHu payment on Ue the be pel pl IV iry r on n the te ground cund above stated |