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After the war, Drake planned a life as a commercial pilot but he was offered a job at a savings and loan that paid $5 more, a grand monthly sum of $225. He needed the money and ended his career with the company 40 years later as CEO at Republic Federal in Altadena.
By 1586, when Sir Francis Drake stopped at Roanoke after a plundering expedition, Lane and his men had enough. They abandoned the settlement and left behind a fort, the remains of which have never been located. Ironically, two supply ships from England arrived at Roanoke less than a week later. Finding the island deserted, the leader of the second ship left behind about 15 of his men to hold the fort and returned to England.
Beginning his career in 1566, at about age 23, Drake became an ocean sailor by joining his relative, John Hawkins, in the slave trade with the Spanish colonies in the New World. Stopped by a large Spanish force at San Juan de Ullua in 1568 Hawkins and Drake made an agreement with them but, when it was to their advantage, the Spanish attacked. After the ensuing battle, Drake hastily returned to Plymouth and was later accused by Hawkins of desertion. From these expeditions, Drake learned much about ships and the Western Hemisphere, and he developed a great hatred for the Spanish. For the rest of his life, he conducted a personal war against Spain.
Portraits of Elizabeth typically depict the queen with flaming red hair and an extremely white complexion. Earlier depictions of Elizabeth suggest that her red hair was natural; her ultra-white face was created through lead-based make-up that may have led to health issues in her later life.
After years of pirating and fighting back and forth across the ocean, the English decided that they would be better off if they had a port in the New World themselves. It would be easier and safer to sail out from their port, steal the treasure, and quickly sail back to the port and hide. The loot could be carried back to England later, when the Spanish weren't looking.
These strange visitors fascinated the Native people and even if neither side could understand the language of the other, there was valuable communication. It was a good start but there were misunderstandings! When the English asked the Native people the name of their land, they replied "Wingandacon". It was only much later that it was discovered that "Wingandacon" actually meant 'you people wear really neat clothes'! How would you like to live in a place called Really Good Clothes, North Carolina?
In the days that followed, English and Indians exchanged visits. The king's brother dined on Captain Barlowe's ship and brought his family along. The Natives provided meat, fish, melons, and vegetables in return. It was pleasant but it was time to look around for a permanent home for the colony, which would follow later.
When the English reached Roanoke Island they built strong houses and an earthen fort on the north end of the island. They began to explore all around, looking for the best place for the permanent town. Sir Richard returned to England after a few weeks, leaving a man named Ralph Lane as governor of the colony. Lane, a tough soldier, was no friend to the Natives, although he and his men still depended on them for food. He was lucky to have Manteo, who had been to England, to help keep things calm. Wanchese, the other Indian who had been to England, returned to his own people and later became a leader against the English.
Another of Thomas's jobs was to learn to speak the Native language, and with the help of Manteo, who was born on an island just south of Roanoke, he did just that. The Indians of Roanoke spoke a language called 'Algonkian'. Algonkian is similar to other Indian speech all along the coast of North America. This would be very important to later colonists, such as those who settled Jamestown years later.
The Rosebud Perfume Company was founded by my grandfather, George F. Smith, during the year of 1895. Initially the business began in a small drug store located across the street from what is now known as The Rosebud Building. Many years ago friends of my grandfather suggested that he prepare for them a "family type" salve that could be used for various minor skin irritations. With this as a challenge, he formulated a product known as "Smith's Balsam of Rose Buds" which was later renamed "Smith's Rosebud Salve". Knowing how popular his product had been received locally he started advertising his product in country tabloids and within a few years he had organized one of the most unique mail order businesses in the United States.
Several years later grandfather bought the Smith Hotel, sold his drug store, and moved his business into the very imposing looking brick building which has served as the home of Rosebud products ever since.
Vendor Lenny Spodnick (Fred Stoller) still has his eye patch and shouts "Cops!" in the most lethargic-yet-dramatic way. It's like no time's passed since that 2005 episode. Stoller later posted a pic of himself with Bell, and it's giving me all the feels.
Within the context of the insurance industry, it is well settled that an insurer may be equitably estopped from denying indemnity to an insured for whom it has provided a defense without a reservation of rights (i.e., to later deny coverage). See, e.g. Integrity Ins. Co. v. King Kutter, Inc., 866 F.2d 408, 412 (11th Cir. 1989) ("[W]here an insurance company assumes the defense of an action without a reservation of rights and with full knowledge of facts that would have permitted it to deny coverage, the company may be estopped from subsequently raising the defense of non-coverage"). The current posture of the relationship between City and these two judgment debtors is strikingly analogous to a situation where a defending insurer has belatedly denied coverage to its insured. For the many reasons that follow, the court finds that City is estopped from denying indemnification to Deutcsh and Walker.
City asserts that it makes determinations at several stages during the course of litigation involving employees as to whether a particular employee acted within the line and scope of duty, initially determining only whether to defend, and only later determining what sort of indemnity or "coverage," if any, it will provide. This contention is belied by City's actual practice, revealed by the most striking actual occurrence uncovered by plaintiffs, namely, Blake, et al. v. Arrington, et al., CV-98-175, in the Circuit Court of Shelby County, Alabama. City Council's Resolution No. 856-98 is an eye-opener. See court document # 581, Exh. A. It unabashedly states that "the Law Department, via Chief Assistant City Attorney Bill Pate, has determined that Mayor Arrington, City Attorney Newton and attorney Watkins are entitled to City representation and indemnification" (emphasis added), and further that "Mr. Pate, on behalf of the Law Department, has recommended to this Council that Mayor Arrington, City Attorney Newton, and attorney Watkins be provided City representation and indemnification" (emphasis added). This resolution was adopted on April 7, 1998, before any trial of the Blake case, and before Oladeinde's and Field's cases were tried to a jury. Clearly, City can and does make determinations regarding indemnity without first setting up hoops for its employees to jump through.
The plaintiff further objects that the defendant is "in default in proceeding with such arbitration," within the meaning of section 3. True, it has not named its arbitrator, but in its answer and moving affidavits has merely expressed its willingness to submit to arbitration. This appears to us enough. It was the plaintiff who declared the contract to be at an end; and with that the defendant was contented. If the plaintiff meant to proceed further and enforce a claim for damages, the initiative rested upon it; it should have named the first arbitrator. If it did not but sued instead, it was itself the party who fell "in default in proceeding with such arbitration," not the defendant. Under the English act, which is more stringent, a mere affidavit of willingness is enough. Piercy v. Young, L. R. 14 Ch. D. 200, 209. Nor are we impressed with the notion that there was nothing to arbitrate. We may assume arguendo, though we do not mean so to decide, that if a party repudiates a contract in toto, he can neither insist on arbitration, nor compel the opposite party to do so. Jureidini v. National British Millers Ins. Co. (1915) A. C. 499; Aktieselskabet v. Rederiaktiebolaget Atlanten (D. C.) 232 F. 403. Here, though the defendant failed to perform, that was not a repudiation, and the arbitration clause was for the very purpose of adjusting breaches. We need not say that there can never be a breach so plain that the promisee may not have summary judgment, even in the face of an arbitration clause (In re Wenger & Co. v. Propper Silk Hosiery Mills, 239 N.Y. 199, 146 N.E. 203); but the plaintiff's own right to repudiate was not so clear as that. We must take the defendant's version on the issue; it says that in December, 1932, it ordered 390 tons of coal, and that the plaintiff accepted the orders and filled them. That in January it again ordered 250 tons more, which the plaintiff refused to deliver except on condition that its rights should remain unaffected. That the defendant agreed to this, but changed its mind later and cancelled the contract. If all this be true, it is apparent that the plaintiff's right to call off the whole contract and sue for damages was open to debate. Landes v. Kloptock, 252 F. 89 (C. C. A. 2); Restatement of Contracts, 317 (2); Comment on Subsection (2); Illustration 7. There was therefore something to arbitrate quite aside from the liquidation of damages. Indeed this alone would be enough, if the merits were otherwise conceded. It is true that the complaint asks for commissions and the plaintiff insists that the liquidation of these requires only an arithmetical computation; but the contract reads as a straight sale, and again it is at least debatable how damages shall be calculated. It is quite true that before any of the modern statutes, provisions in contracts for the arbitration of incidental issues were treated as valid and as conditions precedent. At times it has been thought that the statutes do not cover such arbitrations (In re American Insurance Co., 208 A.D. 168, 203 N. Y. S. 206); though the question is perhaps open in New York (In re 176 and 178 E. Main Street, 238 A.D. 248, 264 N. Y. S. 717). But even if this be true, a clause of general arbitration does not cease to be within the statute when the dispute narrows down to damages alone. General Footwear Co. v. A. C. Lawrence Leather Co., 252 N.Y. 577, 170 N.E. 149; Marchant v. Mead-Morrison Co., 252 N.Y. 284, 298, 299, 169 N.E. 386. If the clause is general in form, it makes no difference what may come up under it. 041b061a72