Letters Received to Edwin F. Smith, September 12, 1927

COLLINS & CORBIN COUNSELLORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN 1 EXCHANGE PLACE EDWARD A. MARKLEY DAVID A. NEWTON CHARLES w. BROADHURST JERSEY CITY. N. J. HOWARD F. MC INTYRE FRANK A. BOEHLER September 12, 1927. JAMES B. EMORY Fryer vs. U. S. Radium Corporation Edwin F. Smith, Esq. 1 Exchange Place, City. Dear Sir: Replying to your favor of the 9th instant in the above, please be advised that we are not familiar with the coverage of your client, New Amsterdam Ossualty Company, 80 far as these radium poisoning cases are conoerned. We under- stood you to say, as you state in your letter, that you were merely sitting in on the Fryer case. With respect to that ease, as mell as the other 0ases in which we appear as attorneys of record, it was distinctly understood by the United States Radium Corporati on that we had made a complete reservati on of our rights so far as the coverage is concerned ent that we only eovered cases which occurred during our policy period whioh was for merely a year while these cases extend over E period of years. We are sending a copy of this letter to lir. Lee, President of the United States Radium Corporation, and to Mr. Stryker, its counsel, together with a copy of your letter of the 9th insvant, 00 that they will clearly understand your situation as well as ours. With respect to the last paragraph gf your letter of the 9th instant, please be advised thnt the separate defense that there appears on the face of the bill to be no equity there- in was pleaded first, as a make-weight, and second, because it may possibly be good, not because we are sure that it is. Some time ago you promised Mr. Markley a copy of your nemorandum of cases on this point but to date wo have not received it. Please send ua copy of same. Yours very truly, COLLINS & CORBIN EAM : 0