The New York herald., 1869-10-28
SUPERIOR COUaT-CI,AMseHs.
The European life Assurance Company--!m-
p0rtant 10 Policy Holders in the British
Commercial Life INSURANCE Company.

portant 10 Policy Holders in the British
Commercial Life INSURANCE Company.
Before Judge Cardozo.
Mooney U.s. TIE British Commercial Life Insurance
Company a,.d Others.--rhe order In the above en-
entied action has been settled by Judge Cardozo as
foliOws:--
Ate special term of The Supreme Court, held at
the City Hail. at the city or New YORK, on the 27tn
day OF October ise9-present Hon. Albert cardozo
Justice; George Mooney and Lucinda q. Mooney, his
wife, against The British Commercial Life Insurance
Company, rhe british Nation Life Assurance Asso
citation, he European Assurance Society," and VIII
liam Barr !, superintendent OF the Insurance Depart
ment the State OF hew York the order to
show cause granted therein on tue 9Th day OF
October 1869 coming on to be heard; ami Oh read
Ing and hlng the said order together with the sum-
mons ana complaint and anidavits OF tho platnuirs
and Matthew i. Breen, heretofore filed. and read
Ing ana fling the answer OF The defendant, William
Barnes, the superintendent, as aforesaid, ana the
the part OF the corporations deiendants 10 reinsurc
the sail palntiG, and on hearing William u. BOOTH
OF COUNSEL for the pialntlIi, IN support or said
motion, ana Johu X. Porter and william Tracy, OF
counsel for The several defendants and Charles a.
Kapalo having been heard by courtesy as counsel
1or ceriain persons claiming to be policy hodcrg bar
WHO mad not como IN as parties to this action, IN
opposition thereto, now, on mott OF William u.
Booth attorney ior the aintln, 1t ordered That the
appointment OF Francs NJ, BiXby, named IN the
baid order 10 show cause us iecever OF the estate,
property, things In action debts equitable
the British Commercial Life Insurance Company,
the British National Lille Assurance Association
and lne European Assurance Society, ana whcn
heonsed 10 anu were held III trust for them or either
OF tnem NJ the time OF the commencement Oh TINS
action, or In which they or either OF them had any
benenelal interest Whatever witnin the jurisdiction
OF TINS court lie ana the same hereuy Is made per-
Inanent; anu That the SAID Francis Ai lXby ba and
he hereby ~ appointed continued ana confirmed as
receiver Of a the property, estate aud effects as
aforesaid, with the usual powers and duties OF a re-
ceyer according 10 iaw nnd the fulcs and practice
SlI QpI Iet5a
eacn ot their employees, agents ana attorneys are
hereby directed 10 deliver up sueh property sa Id
receiver. And 1t IS further ordered tDat tne saiu re-
cever within ave days rom the entry vi TINS order
file WITH the clerk II tins court bond, 30 be alr
proved by one OF The JUSTICES or this Court Wlth one
or more suTeos, IN tie penalty cs $50 0u1
conditioned Tor The faithful pcrfofna az h,s duiies
such receiver And II is ~. lher ordered that the
=, ,,uucrIon contained III SAID order to show cause
enlonpg and resnaining lhe said defendants ana
eaell o! Ihpn and their attorneys, agents aud em-
poycs fOm selling or uisposlng OF any Oh the pro-
perty or erecls OF The said British Commercial Lie
insurance Company now held by said company, or
which has in any manner come into ther iiHnd3 or
into heiT control by or through SAID company or Inc
British National Lie Insurance Association OF the
EUrorSan Asslrgico Society, except 10 said receiver
and likewise .s:;raniDg tue sald defendants ironi
commencing any suit or proceedings Win view ol
disposing OF any such property or eiects or dong
any other act or thng IN any way inter-
fcring with, or calculated TO interfere Win,
BucE property ana etecls he and the SAID
injunction is HEREBY maao perpetual. aud tue sad
defendants the sad insurance companies. are fOf-
ever enoined from dong any business or exercising
any OF the franchises Of lio insurance. companies
within THIS state. And II Ii further ordered thar tnc
puiu Francs IA. BiXby receiver, az aforesaid, DO
forthwith take measures TO reinsure each and all o
tHe rlsks now insured by or under Lhe subsitlns
pocies OF the sad deeBdants, tne BRUSH Coihuer-
Cul ,ile Insurance Company, or the SAID other ue-
fendanta the corporations within The United states
AMI WI ch may 10 registered Ut the agency OF saiu
compahy or companies " Tue SAID CITY OF New YORK