New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-11

IT ms Cos = theIa al. t,.- fen into tie hands
Of Mr. Evans on settling up tt partnership atTa..5.
vino brings suit to recover
l. the printed poliees o. those ms Cos IS 4
clause by winch II IS provided tiat unless sRit !9r
q clam shai! be brought within - months after
loss the companies shall not be liable This
clause is set Up ii defense Of the present suit
ard also eu allegation that the loss was aot so
great as claimed.
Ia answer 1t IS alleged that Mr.. Hayward was
not aware OF any such clause on getting his nolicv
md that the clause IL v1id-also that nra7aaiiDys
were taken IN Connecticut by a creditor Of Mr.
Hayward, IN the nature OF proceeding under the
absent debt or law OF New York bv which the
Co.'S were restrained from paying Nj II and he
from sueiRg. and 1t is contended thatitwas owing
to this that the suit was not brought before SO
that the suit was in fact within II months-aso.
that the claim is correct as to amount
Il appears that Judges Nelson and Judson
forming the {. 5. Circuit Court in Connecticut
decided that the clause in these policies as to the
necessity OF bringing suit within twevemonth
is good and binding although Judge n stated
that the parties In that case intend to appeal to
the Supreme Court Of the United States The
same doctrine was held by Chief Justice Chip
man on one OF these policies, recently, at Halifax
n :,
The question is whether the idea as to the at
tachment or proceeding by the creditor is good
and also whether there was a subsequent prom
Use and waver of the clause. To be continued
this forenoon-Forpla Messrs Child, Lord
& Cutting for defendants, Messrs Seely K G.
O'COpOr.
CIRcul1 CoURr-Be forc Judge Edwards,
.J0dn [nmGn by Jane Inman widow. his guard
ian. vs. Fleming Duncan, Abraham Meserole
A1tloay T. IFo,anS, Reuben JE1tte1s, Jas. ".
Haterbary John Mcintyre, Jac06 e. lie Roy and
HENRI e PicrpoiRL-Mr Inman Ia yonng man
-f Of to u ppl.
slip + cry, NewY ork, in the ferry boat Waabout,
from " illiamsburgh, about o o'clock the morning
of 4th July 1915, when collision occurred be-
tween the WILLIAMSBURG boat and the Brooklyn
Gerry boat Montauk, by which one OF the forward
cabins Of the WallabOut was carried away, and
Imam, vito was in the Cabin. severely hurt both
OF his legs being injured and one oil them tractur-
ed at the thigh and also hurt in the breast. He
was carried TO the house OF his uncle, Mr..
Leycralt and was sick it was said, Is weeks be-
fore he could return home to his grandnothers
house ut Hampstead. where she resides on q tarm.
Inmau supports sell. as did his late father. as
sn artist.
The present suit IS against the members OF the
old Ferry Co Owners OF the " alaboutt to reco-
Yer damares amount placedat 100000. Another
suit has also been entered on his behalf against
the Brooklyn Ferry Co, owners of the Montauk.
The defense in the present case IS that the
fault was entirely with the Brooklyn boat, which
was out OF her way, while the WIlliamsburgh
boat WIS in her usual track-aisO that negligence
was exercised on the part OF Mr. lnman himself,
he looking ont of the cabin window at the time,
and seeing the boats coming together, without
endeayOring to avoid danger as to himself
1t appeared by the testimony Mr. Cotterdale
now removed to Delaware that he was pilot OF
the W allabout that morning. but was not at the
wheel at the time Of the co,lision-he had given
the wheel to David Callan one OF the deck hands,
who was steering Had been told By the com
pauy TO let David steer when he wishedto, as they
wanted him to learn Witness was standing for
ward by the engineers room under the wheel
house smoking pipe, by the side OF the engineer.
Did not see the Brooklyn boat till heard some one
cry out q where are you coming to when l
sprung on top of the cabin, and ut the moment the
boat struck The result would not have been dit
terent had been nj the wheel, as keep
course when in the right track and the Brooklyn
boat which was ont OF her way, could easily have
avoided, and would expect to do So We were
about one third the way from the New y ork side,
steering for Peck slip. Did not know that it was
the law that steamboats, should keep as near as
POSSIBLE in the middle OF the river. Did all we
could for the relief of Mr.. j. after he was hurt.
He said he was looking out OF the window. but
did not think the boats would strike.
David Callan also gave testimony. S ire
Guenty i'll the habit Of nteo"'"t.- Whom tho
BROOKLYN boat was within 20 wards o! us endea-
vored to 90 to the right Of her, but without eli
feet
Testimony was also offered to show that the
boats struck while under full way. Mr. lnman
and his mother are said to be poor. He accompa-
Med that morning, q man who works on the farm
on which his mother lives, and who was bringing
a Wagun-0ad Otpotatoes to the NeWl orb markets
To be continued this forenoon.