New-York daily tribune., 1866-04-04
LAW INTELLIGENCE.
The Morris Insurance Company-Tbe
Stansbury Contempt.
COURT-CH.NBKRs-APR 3.-Belore Justc
INGRAHAN

SUPREME CoURT-CH.xBERs-APRiL 3.-BeiOre Justice
MGRAHAN
OPINION OF INGRAHAM.
In matter Of the Morris Fire and Inland 1nsur-
ance Company-Daniel w. Teller ag This Morris Fire and
Inland Insurance Co.An order msde in this requir
this Court why he should no be punished contempt,
why such other or further order should not be made may be
just The circumstance, from which the contempt supposed
have arisen not stated in the order and We are to md
in the affidavit On referring to the affidavit 1t appear, that
contempt consisted refusing to account before John
askin e. under order deliver John X. iackett.
the posses.on Of the esseis of the Company or to anw
him to exercise his duties Receiver and as preliminary
thereto
appears from the papers submitted enhs motion that the
Morris Insurance Co in such condition that the super
OF the Insurance Department did not think the .
sets OF the Company were sufficient to justly ne continuance
IN business and communicated that fact 20 The
erl for his aon IN toe premises hat b. aecoFdnsy sp
piled to the supreme Court IN the Third District where an
the Special Term in the Fr.t District why Injunction
should not be granted and why Receiver should not sp
pointed These papers submrd 70 the Justice holding
The speca with admson Of service That the
der by tho Attorney General named p sanb
msd. ,hs oder sr.ns the innrion and s.o msde an or
der d.'olvns the Company and appointing the Receiver
The papers which those orders applied for were
filed with the Clerk holding The speoia Tenn VINO thrrnPon
entered in the CLERKS book Of the orders OF the Court the
following entry under date OF the proceedings o ths 0ou' o
/ the 2ith February, 1886:
Ordered Petition Report &C. fled printed order di,olsns
Company appointing John X. Hsckstt Receiver on
Cling bond Ia the sun OF 5000
These proceeding, had the 27h February asst and
the Clerk tool the paper. whch' the application was
made and marked the filed with the Clerk On the
next day r Hacsst Receiver fled HE bonds required
IL appears from tie efdsv Of the Clerk that the Depaty
Attorney General applied 20 the CLERK for the ppr. after ths
order made dso'ns the Company who informed him
that the County Cerk required him to he them In bis "ce
and that e Deputy told him he wanted 70
make copy OF the order 20 serve on the Receiver Instead
Of doing the Deputy Attorney General took the papers TO
Albany presented them anew 70 the sp-cs Terra there aud
Obtained order from that Court on ne Ibh fsDflafy
requiring the Company 10 show cause on thai dy before MN
why The business Of The Company should not be closed In
the order II ordered that the order throorc r si
requiring the Companyto show can why should not ne as
solved and the appointing o receiver wss thereby vacated
Upon this order the Special Term Of the Third Difici made
order without proof Of service OF the papers ecs
that opposition made by the Company diovns the
corporation and appointing Edward sianhury heeeyei
Amer lhese proceedings the Receiver appointed IN New
Yort demanded Of the President ohe Copany Mr stans
bury possession Of the books aud papers OF the Company
which refused by him and thereupon order made
oT him TO show cause why he should not be punished io
zee TO the transfer of the q the Company 20 Nr acke
receiver On that motion MI stsnsbuiY was iou1d guilty
Of contempt, and re.oes We. appointed ~ stated IN the
1t wss ser this tha, tho Referee appointed and Mr.
StansbUry served with copy Of the order end suhpena
to appear before him Hr sianbury. affidavit II ap
pears that tho order msde Albany the 2th II fbuay
served about 10 O'Clock Ar Kirby the rre,ilent
.. q. GSmPssy ssa t. oss s. y, o.. sa ls sss.ss 1
served Kirby. wao informed Ssan'buTy BY Telegraph
Annexed to tn. paper 10 an afaav Mr. Kirby that the
Occurrences at Albany arc true 70 b.. snowied.e e.
.rs b. he h.d m ade an areemsn with tho Company
that they would consen, 70 the oids ssd oL be ~oad
Judge special Term Tor thai and proposed order
appointing stsns0ury that the Judge took the Ppe rlck
that he romons,red the Judge the change Of th.
Of Receiver upon the oud that he could not IN honor
the eutry ofdr dovns the eopofon and
appointing Receiver contrary 20 Ills agreement with the
Company that heh-eupon Withdrew the poeeeiins and
commenced Albany 1t Is proper to add that be
dene. the statements Of Besm,h 20 bis taking he paper,
him. but admit. he took away the papers because he be-
them and % TO se them Of not 10 Ii. discretion
Upon service Of the order requiring ssnbury to appear be
fore tho Referee b. spresred protected agan'' h grdc
ton appointment Receiver by the Court the
Third District that he had given bonds such Receiver, snd
wi,hog the sahorty OF the Court by which he was sp-
pointed lie also stated that the order under which the
Referee appointed had been appealed from and the
From these statement, 1t Is sppsrcn, th,it there
orders made by Judges Of concurrent iurdcon dsoyng
the Company sno appointing different recever That
both OF these receivers had given the necessary bond. re
eured by order, under which they appointed and
the regularity hose proceeding Is necessarily subject Of
inquiry. ,,o,;.,o, ~, ,,. ,,,.. ., ,s.-,, ,,o
ce-dng. and the Judiciary oct, section so Law, Of Bt
provide. that petitions in equity shall bs tiled in the CLERKS
Office Of the county where the defendant. reside and section
81 proydes that IN ia which suit pending the
ton shall be made fthe first proceeding In the county where
tho pse, or person sgsnst whom the !, made reside
or In al adjoining county. Tho general act As to Insurance
Companies directs the application 10 be to the Supreme Court
made IN any district other than n which the Company is
iocsrsd and carrying business The first order made
moion :. il certainly We. the the
purpose Of hesrss the psIiis. II opposition ~. 70 be
the Special Term Of the hr'. district, an order
n.do a..Oiyns the COMPANY s In, and .pPSn,i,s
CLERK attending Tie court marked and the order made
by the udg, signed by him. handed 70 the clerk aud
tered by him IN the book In which all tho records OF that
branch The court kept II s the duty Of this clerk to
keep papers handed to him by he court and
the sam. An the County Clerks Office and all papers placed
with him are n.rked and oOssd-red filed with the CLERK
the he receive. them from the court The decisions
Of oil motions the granting OF all order,the ming ot al On
ekng. aud general Of the court take their
data and vitality nom the time sy are 50 pss oy hs eou
10 h. matter the 2h February was valid ORDER di,ov
the company and spponiH: receiver, ana toos ssse,
when the order signed oy Ito Juuse anu INC PaPe eu
by him with the CLERK
The effect Of th. order dissolution OF the Company
and such order bound the Company and he a,po
n. Court by the Insurance Of 1859 Whether the pro-
csedng Of the Attorney sss"aId T ~ %
vacated tho order to show cause rny sho9d
be dissolved and sPPonns that he Jue.
who granted that order intended BY such language 70 et
order granted by s Cont but at ag sS'
10 unusual for Courts to ,e aside nnAl orders on e1 e
Sppx ~ wa. held that ths Attorney General had
to d:eounae h..e s & & sSsI % n: =
dated from the date OF the order 10 show cause
b proceeding then had been commenced and by the order
made this district the order had been made and
hled here and was valid order "hen nade uo COMPANY
Tbs subs-qusnt Albany appears to have been
made %iSSs, Ksy 't.S Il. Of Company Albany
on that dsy may warrant the supposon that he WAS efe oi
this purpose receiving papers, ana admitting ~ ~
rom the afdavit stanbury ths, the order made
him served on Kirby at Albany about
II O'clock on that day appears from tho facts tnat the or.
der 10 show granted at Albany by the Special term
on tho morning Of the zSth Of February 1906 70 'how cause
an tbs 28th Of February neI 10 O'clock aud hnn order
made entered served before II o'clock IN on the same
day. ,.,,,..u,,. =, -, a, 4. mt
decide No service could be made
on the company the former order made In this district was
vES The company thereby had been di'.ovsd the AaoI
had no, the control to discontinue ~ piocssa
s.lv AZ p.rt, and without notice apd therefore nuhy
~. Vfca.P .Pr&s Al