New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-17

SUPERIOR CoURr-Betore Chief Justice Jores-.Io
ScDi L. Joseph Err Of jacob Ler r deed VS. me CroioH
las Co-Acton 10 recover $4,000 alleged TO have been
insured in three policies on buildings IN Bond and Mar
kcthed SIS burnt at the great fire in July. lsi5.
For defence it was alleged that the policies had been
cancelled that the affairs of the Cro;ou Co. have been
placed in the hands of Mr.. VIM. Browe receiver
TINT the present contest is between Mr. Joseph on
the hand and the bona de creditors on the other
Mr. Taylor in opening for the defence. stated that
Mr. Joseph in January, ISIS orders FOR the instlr
of i've different pieces OF property, but paid no
money for the premiums that IN Nay following. Mr.
Carroll appointed Secretary VINO saw these policies
standing on the books but with tho premiums PAID
up which was contrary the rules o. the Company
b. assent Of the President he notified Mr. Joseph who
sent sort oi due bill Instead o! t.r cash but II was not
received and sent back. In July Mr.. J was again mott
fed that Il the premiums not PAID tlRt the policies
would be considered cancelled aud he sent back word
asserting that they should be- cancelled. On the 'tl
July Mr. the Office for the purpose Of paying
up u the policies, they beng on property he
had I:nod for security OF debt and made the re-
mark himself that the other three were cancelled, and
il was considered lie took the bill which had for
merly been made out Tor the whole o! the preini-
uIus amounting 10 S62, and deducted IRON II the
of the three policies now IN suit eavin: - lot
the other two For this he offered his check, bur
Mr. Carroll tod him the proper way would be 10 give
hs check for the whole amount, and the company would
give a counter check for The return premium Nj !
accordingly gave his check Tor the ul ainorn out Nir
{ knowing he had given, or two former coca
sions checks that Were not good took the precauuon 70
send ont the check before giving him return but could
CoIcCllt NIisS s!-tl slouu i'oA!Nt1
ins been cancelled. This the l7ih July. On the
18th July the iirc occurred and the properly was de-
stroye. On the 3lsi, days after the are M - SEM
to the Office TIE whole amount OF the original bill but
was not received and NJ. reminded that the policies
had been cancelled long since Had the IRE not nave
happened SAID NJ. T. Nh. Joseph would probably never
have dreamt that these policies We're II existence
Testimony was taken-Mr. Carroll the Secretary,
stated tina, Mr.. J. him check on Mr. Henrlques
lie permitted by counsel TO state why ne DID not
give return check called several times on tue Liza
and 18TH with the check al the Office OF NJ. AenEGucs
but found il shut up understood he had gone out OF
town previous the 18th II was understood on the
l7ih that The policies cancelled To be continued
his forenoon For plaintiff. Messrs. Cutting and Lord
for defendant Messrs Taylor Sherwood: and sandioTa
Before Judge anderpool-Hi!la'a heCaae By has
Eert friend plaintiff n eror ys. Felsai'As hTog dc
PENDANT a. srro-.--Mr McCunc hired OF MI hIEoy
store No les Greeuwich-st- Tor one year, but the
business did no, answer and he gave II up alter i0ar
months. but paid tor SIX months Mr. h sued MN "a
the Marine Court Tor another quarter In tht court ms
counsel gave notice of plea that ne was under age oa
ne could no: show the fact owing 20 the absence o.
witness and Il verdict rendered s-aiIsi him he
appeals The jury hearing The testimony declared
INN 10 be under a.c. For plaintiff, Nj Stephens Tor
defendant IL error, Mr.. Holden