The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-04
THE MORRIS INSURANCE company.
Case OF n. A. stsnsbury, President or the
Campnny-Opinion or Judge Ingra-
haln--Thc Question OF the Receiver
sIlip--Judge Harnard Sustained, DC.

|
ham--The Question or the Receiver
| sIip--J Judge barnard Sustained, dc.
Judge ngrabam has rendered tho following important
opinion in the case OF the Morris Insurance Company
In matter OF the Morris Fire and Inland Insurance Com
rany W Teller The Morris Fire aud inland lasu
Sa e os shgw a sesa tern, OF h
oSsr or further order should not Be made a. sy
TIE circumstances from which the contempt Is uppo ed
e find 4 in q, aIaA,is On referring the AFFIDAVIT,
an Esa under an oder
sr s s 1 10 the 70
us duties as receiver ana ,a IS preliminary thereto appears
a II s ss e.
@s ~ ASa ns
in business and that 10 the Aor
n applied ire rs the
h The he Why sASm
Injunction Should mot be granted and why receiver should
lice holding Ae Special WIN admission
ss ps
s also .a n as 1r ssDn the
n o seTs s dn s e: q sss sDs
RI .Sss 81 NJ
sordered Petition report &C., printed ordsr dissoyns
co
"s Sd on the @ s r saa @ and e s
the aled with the CLERK. the day Mr. Hack
's Pc y Ssass
s s It, aPGa to The ST %
who informed him that the County Clerk required
s s f% d s wanted tS'pay copy
the Da The
them anew 20 the Special Term there and obtained
sospsSy sSos mat day SsisTs Wy
curing the e show why i should not Dc
Psa sssl Term ss sss 1 'nd's
pspers cciing that no oprosion was made BY the COM
a dSsOys the sorpOsion and EdT, Ard
TSssVS Il. Ssw York
possession Of the books and papers OF the
pam" A %as made @ him b q show na my ae
should not be punished for contempt, and why referee
eS@ ON receiver motion
Was Sp oatea as sisted order to sIos. cause II was
after l thai the reiese appointed aud MIR stansbury
before HIM from r. stanoay's aS,Sast sappssIs Tia.
syed aGou. ten ocloeE on Mr. iTsy the Vice resdcnt Of
the company tina before eleven o'clock the decree dis
served on Kirby Who informed staSsbury by eiesrspS
nss ansn alleges IF thai. be md made mae s &
with the company that II they would consent to The order
that lie G pp y Tic sass srsa sspsr
ge en o s an orsr az rs nS
ana insei ted that o. Mr. Jackets that he remonstrae
upon eroand that he could consent
receiver contrary to his Agreement with the mpany
that he thereupon withdrew the proceeding and com
denies the statements Of Beamsh his taking the
cause he believed he he proper
Of Teen Of ana the 70 S q r r not ~ ns e
pear before tho referee he appeared protested against
the he
such property Without authority " the Court Which
hs appoinsed lie also stated that the order under
and the appeals were pending From these statements n is
current udicton dissovlng company and appointing
ing IRE. s s Ins both of ss :,
orders under which they were appointed and the ssu
q inquiry. The Sass. PsoSi.ioa Tor tho p.es
on Assns % d I nS me pon n sqy Ss
be ca a the ose Sa ss e ss where the defend
suit pending motion shall be Il pro:
whom iss same s 'S" reside a. sesisS scsn
ass S he So sSs prof.
ia Ss1 S .ss ann
business The mrs, order isas oonempales The hrst
tainy was the most convcuen, one fcr the purpose
s ~ n. Sso. 70 3 On
FRS, dis,r,c order made dissolvins the com:
a"s
ard I y { s s y
an the record. q that branch Of the court arc kept Il he
Court c and . place county CLERK: csnSs
: Ss as lied With The ssi from the time he rscass
.m from m tie court Thu dss 81 q al motions x:
q he court aSs their date aud Sads
q n &c : ' IL ss csH sss mae.
sgnedsy me Fudge and u. Sled BY hn
ccmp.nv such oIasr bound the e,op.ay and
the s,'s s q: 'as
sss nm the S1 81
The order tho Especial terra vacated the order 20 show
sS S ss sss
@ "a. s ss Go an a, 81 a eoS
but rather TIE tossr show cause sranodby hin,
T s. pom 3 a% I" &c s.is
s Se Attorney Ssa 20 % S
continue these procesdns when once con
aatcd from tho DAT. Of tie order to show cause rbe
order msi. reurnaSie ia this district tho order had
been mace and aled here and was valid order when
equcnt proceeding at Albany appears have been made
Ky The VICE president Of the cc%any Msny hat
dly may ~srrn the INA, he was there for the
pears the aadayto Of s,ansbu that the order made
about ccssn O'clock q tat day ItspPe,rs from The fact,
sees Term ON he Of ,e ss,s Of FeSrury 1865
show ash OF February next q ton oeoes aud
An o, ne DAY, Whether such proceeding coul be
No could be made on re eampsny II the TO- er order
%sae 10 THIS S'i,s was valid is co%pasy hereby h,a
discontinue It's rtoceenss aud not the subsequent pro
SssSs a "fs % s@s y he s' Wee
president At ssn 20 rsSeve se erye. Of the nns orar
Tor say anything % the charge Of the persons who
ton the srbec and therefore Leave. the matter with The
AFTER the counsel has made such sugsetons on the
they think desirable The better course, IN
doubtey Would be % airec, an inquiry as 2 ,he proper
court Is compelled 70 nifty an agreement made
with the officers Of psolvcnt corporation 70
appoint one Of their number to DO the receiver
condition that the company VIII not oppose
the kttnncy General In The rroccednxs for Tia
These al the suggestions deem for me "a
make IN relation 20 thu former proceedng IN regard to the
Morris Insurance Company. out OF which This motion ars
abe w'S mus, fs,% s x. Ss e ss.
orchy the necessity and pcpriey OF cnnnng tue
proceedings such the districts In which the cor
PORTIONS carry their business or 70 ccnhne the proceed
lnFs generally district IN the STATE In the present
ease The hayIns made under procced q
irsttucd By special Term. 20 be coneluded bcsrs
another and the lnai order having been made BY hs
spcai Term n which the corporaton was located sce1a.
" he vnlii ard cutl. ID ~ cbedencc urn proper
% or nodded There reasons however nieien
o. TIE question Of rcAullry. which are control Us ~
this !ao ION There conflicting orders from eooftn.
branch" o. Tho supreme Court both upon their lace tegns
aud entirely contradictory Va their provisions Under one
the W ilacke VAS spr nied receiver ana unae. ,n