Poor Dave Rorick’s Insurance Policy is Declared Void—The Way They Crawled Out.
Every old railroad man in San Bernardino remembers Dave Rorick the gentlemanly Santa Fe conductor who was formerly on the San Jacinto run. His widow Issola Rorick has just been denied a $5000 accident policy by Judge Wellborn of Los Angles.
While on his run to San Jacinto in the latter part of 1899, Rorick bumped his head on a mail arm while climbing the baggage car. The injury developed into tumatic [sic] injury of the cranium and he died several weeks afterward.
The insurance policy, which is a lengthy one and hedged in by endless provisions and exceptions, as such policies always are, contained the statement in the body of the policy that in the event of an accident notice must be made to the company “within fifteen days” of the accident. Not thinking the injury was serious, the family did not notify the company in the fifteen days, in fact, not until sixteen or seventeen days after the accident, but proofs of death were sent to the company, the Employers’ Accident Association of Indianapolis, within the required ninety days.
As the policy was held to be null and void by the company because it did not receive notice in “fifteen days,” payout was refused and suit commenced by the widow to recover the $5000. The company set up the demurrer that it had not been notified in the “fifteen days,” and finally, after demurrers has been sustained in the first and second amended complaints, judgement was rendered yesterday for the company and the case dismissed.
Source: San Bernardino Evening Transcript, March 11, 1902.
CLAIMS ESTATE AS COMMON LAW WIDOW: Claiming to be the common law widow of Dr. W.L. Cole, Oxford physician, who died in 1928, Mrs. Marcella Groover Hockman, of Indianapolis, has filed a claim in probate court for a widow’s interest in the estate, totaling about $30,000. The estate has been settled for five years, the bulk of it going to a son, Cyril L. Cole, of Denver. Mr. and Mrs. Frank E. Groover, of Oxford, parents of Mrs. Hockman, join her in the suit, asking that a mortgage on their home foreclosed by Frank Olive, of Oxford, be voided. They assert that Dr. Cole, who originally held the mortgage, assigned it to them, although they lack documentary proof. (Lake Orion Review, March 16, 1934)
WOMAN IS DENIED ESTATE AS ‘WIDOW”: Deciding that Mrs. Marcella Hockman had failed to prove a common law marriage, Judge Glenn C. Gillespie dismissed a bill of complaint which she sought to have herself declared the common law widow of Dr. Will L. Cole, of Oxford, who died in 1928. Mrs. Hockman, formerly Marcella Groover, claimed a widow’s share of the estate and asserted that she had lived openly with the physician as his wife. Mr. and Mrs. Frank Groover, of Oxford, parents of Mrs. Hockman, also asked that a $1,900 mortgage on their home, formerly held by the physician, be set aside because of the doctor’s agreement that upon his death the mortgage was to be canceled. Cyril L. Cole, of Denver, sole heir of his father’s estate, declared that he knew nothing of the purported marriage. (Lake Orion Review, October 5, 1934)
Otto Downard has started a suit in the district court against Jacob Rein and his wife, Sarah Rein, for the purpose of recovering $133.75. Plaintiff claims that in January, 1905, he purchased of defendant lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in block 18 of Hyde Park addition to Boise for $1400. In the warranty deed he received, he says, no mention was made of any encumbrances against the property, but he later discovered a sewer assessment amounting to $104.65 remained unpaid. A part of the property was sold, he says, to satisfy the city’s lien and he was compelled to put up the $104.65 and the sum of $29.10 to recover possession. Now he wants the persons who sold him the property to settle. (Idaho Statesman, April 25, 1906)
CALDWELL — Because he came to the conclusion two or three days after making the deal that he had been defrauded when he paid $92.50 for a horse, Otto Downard of Middletown caused the arrest of Earl Kelly of this city. Kelly made an appearance before Probate Judge Frank E. Meek Wednesday. On hearing the facts in the case both Judge Meek and Prosecuting Attorney Alfred E. Stone were convinced that Downard wished his money back far more than he desired prosecution of the defendant, and dismissed the case. (Idaho Statesman, March 8, 1917)
San Francisco, Oct. 29 – The United States court of appeals has reversed the decision of the district court of Southern California in the case of Issola [sic] Rorick against the Railway Officials and Employees association, Judge Gilbert dissenting. Issola Rorick is the beneficiary in the policy of insurance to D.G. Rorick, a conductor. The company contested the payment on that ground that it was not notified within 15 days. The company won in district court, but Judges Morrow and Ross decided that the company was liable.
Source: San Diego Evening Tribune, October 29, 1902.