Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-06

41A - 2
luton was amended making IL diseretIonar
with The mayor. Passed as amended
Alderman Wickershsm offered an ordinance
excluding the part Of the city known as th,
: navy yard from fie fire limits.
Inc motion 10 adopt the proposed ordinanc,
on it, first reading was passed, and the,ordi
nance referred.
~ The same a resolution revolving the &C.
ton OF the board tnsiractlng the mayor. 10 ask
for bids for The management Of the nFs depart
rnent By contract
Amotion to lay the resolution on the table
was lost.
The original resolution being put a Lengthy
discussion arose, in which Messrs. Passmore.
Townsend, Smith, J~ohrson, O'DonneI particle
pated, during which the mayor stated th.t
two bids had been received and opensi by him
but as there had been a mistake as-to the time
up 20 which the bids would be received, At the
suggestion OF Alderman smith, he had not pre-
sented them, but they were subject TO the action
Of the board. Resolution was lost.
By Alderman Wickersham. that the Memphis
German Adperhser be authorized to publish
ordinances, etc, Of this board At the rates paid
the city printer. Adopted.
By Alderman Johnson
That the pavement ordinance be 50 amended
as to e~braee second street to Auction.
After tie transaction OF some minor business
the Board adjourned.
CHANcERY CouRT-H0a. WDa. d.
Smith, PresidiRg-E. NJ. Apperson We.
DeS0to Insurance and Trust Company.
We continue the dispositions, 6 part Of
which we gave in yesterdays issue:
DEPOSITION on j.. @. L~oNsDALE.
I have been engaged in The insu a &c bust
ness nft7en years; 4 was secretary OF The Dc
soto Insurance. and Trust COMPANY about sep
1 ne applied 10 me fr the privilege Of W "a
certificate issued t0<Appersoo, August 70. 1866.
10 cover cotton stored IN the brick cotton shea
ru0uinE nrOugiea Court street. known a.
Mason & Cos shed I asked how many bales
ne hda ia n shed sif1at O on the north side Of
Court rtceet he sail, more than the crriiica .
would cover; ] refused % cover bO d riszs. and
said be might as well ask 20 co7er Two st-cas
situated az both ENDS ot the city, ard eaid
ApterSon wanted % policy to cover cotton
n Ma on & CO.ssheu, I would get him one; I
t4Nes We "tiLeo TO t-ke on that shed
hambant LEFT, bat did not say whsther he
wahted policy or n1ti imposed be would
Ieeuth p yer ael-As Af. Appe.sou; do NOT re-
member saying % HIn -" know Wlar tie old
man wants he wants his cotton covered "
deny tlaJ nsurance Wars done by merely o YER
bal ARA cement. / remember Z mace out "a I
policy for $1,000 for ave mon hs. and sent il by I
ny son to Mr. Appersou, who discovered q
which was rem. Gi~d DIV uoking out = neT /
policy, which was sent to Mr.. Apperse : my
a1idId not Tea are euytuIuE about 5-E APP
pehoA s4ylA7 ne wanted MS cotton covered.
bat merely told him to 90 back and have tle {
dAle nGed right have no interest whatever
IN tAIS case i am not concerned about its j sue /
Iursuer t1tu J always Ike 20 ses the r gIt pre-
Val; my son cid hold Two shares ia the stock
Wheu I t1rGu out MS holding stock made him
neon neLeEI, / advised uEm 10 sell line EllIa I
which lie did.
DEPosTrI0g OF j.. C.. LoSsDALE, JE.
lam a clerk In the Des0to Insu ancec company. |
a son Of Air. Lorsdaie, secretary Of the same
l TOOK a policy to Mr.. Apper-on in September
Is'li mat was Tor i've months I remember
mat SIR. Ap2erSon discovered o miStabe as D.
the qater aud told me 10 Take Il back 20 aIhe.
and have II fixed he read the policy himself, I
AMI that is how he came 20 discover the mis-
ut1e returned afterwards with the Corrected
~ ana tcil ~ IA the ONCE lie dl1 not say i
20 NE, your rth1r Knows what want DE
Knows ] want all my cotton covered / always !
paN my premium pro1p y, and when 81 nr
ueid two snares o. stock 10 the DeSotO, which !
sold at er making ny dr,t deposition, learning
LhaJ holding stock rendered me Incompetent as
a witness ! did il at tie solicitation OF my
father, but / had thou ut 10 sell 70 previously, /
having bought IL OrIy gs q matter OF accoImo
datiln 20 q friend
DEPosITIoE OF II. C. YANCEY.
am a booE-keeper 70 Phillips & Clrode
RENE bcrUt q ire taking place about the 5Jth
o. september, 1865 I was "a clerk with A. S
at the ft'"e a lot OF cotton damaged by
said fire was sold by A. =. Levy, under iEstrBc-
ton tr m r. n. Appe son, OF II. Wade, "a SON.
in-lawO Of appe-s1n one lot was bought by II.
Lamb, clerk d. The former. but was NOS uaid for
the paymcuJ was assumed by r. u. ApuersOn
Mr. Levy instructed me 10 make a settlement
with ApDersCu for the cotton he gave me TO
understand that he believed Wade was acting
for the unueTWrilers J. do not 70 personally
own knowledge that AppersOn had any
interest in these sales 10 was impossible o.
identify the cotton. IL brlugn a damaged and
loose. cOn1ltoH
DEPosIrIoS OF ". A. ZONES
Iwasa partner Of L ". Apperson I have
known MIN about twenty years / have also
ceeu acquainted with 81 Lonscale Tor "a an'
years Nr. Appersou did bis Insurance with
Gim TO the DestO my recollection he did It in
the usual manner OF cCndu ting such business
vi. AppersOn had an open pOLcy covering ali
shipme Is Of goods BY thenver / DO not tGiuk
&c possible nat Mr. RHmbuut was acquainted
with the business OF Mr.. AppersOu. mp 90 the
time OF his return rom the army, so as 10 know
how Q ay house was in TIE habit Of doing bus.
ness lhe house OF b IL. Apperscn @ Co, nor
e n. Appersou, after the dissOlu ion fenoEe
never had an open poHcy Of any sind
with the DeootO that / know Of Mr.. Appcr
sOu's house, on applying for insurance, some
U,Hles did So VERBALLY To scr LOusdale and SO1le-
times in writing / believe Mr.. LUusdaie re-
garled the insurance as dating from tie time
Of the spplicatiOn neither OF them did bust
ness loosely.
Cross EcaHtiaed-Tha was rothing very in
trtcate IN Mr.. Npperguu's manner Of dong
business l could not sgy how long 10 would
hHLAllbhAN 10 A-AAA u 4 no uHu EnO@ !
whether Rambaut was q conidentiglemp loyee
or nc. the reason I said / did not thin K II pos
slble for RambsuttO know personally the man
ner or euectlng his insurance, was because ne
n I'd never been In the house except a few mo-
ments az a time and never mad an Cp-
OF knowing: I think he has been in
house ever since the surrenle a|upIfca-
lions TO Lonsdale for insurance by ApperT0n q
Co were often made verbally 1 DO loS r
member where The Insurance of policy or cer-
tncate was delayed for amy length Of time; was
in the house at lue time the cO,tOn arrived, and
moved nom AppsrsOu's storeiouse 10
ClarksOu's cOu5Oa shed I do rot know any
thing abOuU Woo affected The change; il was
Appsrson's custom 10 insure tie cotton ad-
V-nced upon, or tHat winch was instructed 20
he insured the business relations OF Ar. tons
jaleuud Apperson were friendly I believe the
latter always imposed Implicit confidence IL
Jhe former.
DEPOSITION OF GEO. B M~ILLIGroN.
know both parties 10 the suit; was in the
employ OF Mr.. Lonsdale for three years when
he was agent for tile Tennessee fire and marine
insurance company; 1 know Mr.. Loustlie's
ua. 10 Of doing business; he was very correct,
and required me 10 Keep my books prom pilY5
sometimes were taken verbally, but were ell
tered at once upon the books OF the COMPANY
anu the prem uI collected a. the end o. the
mOnit this wa IN the case OF regular custom
MIR. Appsrsou was one az the regular Gus
TONERS; Mr. L0nsjals always entered the
applications for Insurance on the day they
received,
DEPOSITION Or T.. d BAUGH.
1 was an assistant sgent to the undeTwri tiers
during the month OF September, 1896; Tn maxi
Der the fire which occurred about the 5yL
nat u,nurh n ON harrison street. some IA0 or
1850 bales were desires ed / saw M wade ana
Gr. EsmJdut, engaged 10 saving coJou the
seuce OF Wade seemed 10 be acting for him,
Na}a seealed 10 be Getting Tor ADrtr-
On / do not know thai They We're saw Ap-
gsrCu at The nrs aiss; the cotton was IA a bad
condition, ami could not see any marks Oh 10
At al by which 10 Identity tt 1 heard Mr. Ap-
person say that there seemed TO be some douDt
about Jhe insurance, and that they were trying
10 save II on that account.
The depos tiOus in the case have all been
read, aud the argument YVES opened yes
{ rLay by Il +. Jackson, Esq IN n short
-peech. and was followed by B y. Hart. Esq.
at considerable length. a. \. Hart opens Tor
the defendant to-day, Mr.. Estls closing The
case will be submitted TO the court ioT de-
cisiOu.
Owing to the iudisposidon of the legal 70
porter, we are unanle 80 give The leading
points in the argument.
James Gallagher VS.. Jno. Sullivan. ct al, de-
Ellen Brady vs.. r. l.. Laski, decree making
Wm. Hundehaasen vs.. Fred. Russr, motion
to dissolve injunction overruied' and for re-
eetver granted.
Patrick Flaherty vs.. Martin heynolds, maj
Edmund OrgiI VS.. John KebIer, haaI desree
F. Smith * Co. vs.. W. Want dnal decree.
-C4LESDAR FOR FEBRUARY 8CM.
Thomas S. Marr vs.. Bank Of West Tennes.
X. d.
J. NJ. Provine vs.. d. Stewart ct al
40 A. NJ. Boyd Va G. Il. Adams ct al.
$50. T.. Cross vs. r. Tcpp et Al
75. j. v. Randall vs.. r. r Harris.
223 William Alien ct al VS.. VIVA. Ferguson.
65. c. J. Polk vs.. Armour ct a.
SIS. VIM. b. HOag vs.. VIM 7. Avery ct al.
6iT. ThOs. A. Nelson IS Martha Trigg ct al.
OFFICE OF THE DAILY APPEAL,l L