The New York herald., 1870-01-20

Court and the defendants were allowed 10 interpose
sn answer setting forth newly discovered fac2 con-
posed denying the allegation constituting the coun-
ser claan. u was alleged that LOUIS =. Lacnels
Inc purchase Of certain OH lands which belonged 70
them, or IN which they were Interested induced the
COMPANY. OF which he was about 70 become trustee
ana president to purchase the lands ~ question for
the purpose OF working them. After the transfer II
was claimed that the paintlns acted solely with the
ton. the case was tried before referee. who rem.
aered Judgment IN favor OF the p!aintiils ior
Ss2e1 ~ ana costs. The defendants admitted the
making OF the notes and SET up defence 0l fraud
and collusl0n At the trial they claimed thai they
had the Affirmative or the issue, whicn, however,
Was refused them by the referee.
rne Court now held that the referee was in error,
reversed the Judgment aud granted new trial.
Ciahn Against an Insurance Company-Ap-
peal by the Receivers.
IN &ae Natter Q( the Cydtm Of ID. Golden Murray ct
al. us. The Recetrers OF the Harmony Fire ana Ma
s'fne Insurance Companv.-Thls WAS arr appeal by
tine receivers Of the insurance company mentioned
from an order refusing to set aside the report or
referee who reported In favor OF the claimants. In
the year 1865 the company issued their policy Of
g. 600 on the schooner Alice Del from the 20th OF
May for one year. valuing the schooner at $4,000,
the company TO be aDe for absolute loss. 1fle poll
cy cOutaned special warranty against oss or claim
on sccount VI capture SEIZURE aetcntion or destruc-
or nOM any Ofcer, civil or military, or other per-
SON aiming 70 act IN their In their behalf.
me protest of the captain ana mate forth tnat
white iyinK ~ tue port OF New Orleans tile 19Jn Of
MAJ tne day before the policy was Issued, di9charg
Ing her cargo, the vessel was seized py the quar-.
terinaser Tor the service Vi the govern
ment. ana uDon tue cargo being discharged
she was lowed 70 the quarlermaster's wharf. A
week afterwards she proceeded a voyage to
Brazos santiago, Texas. under sailing orders. The
cargo was discharged 0y the United otates soldiers.
subsequently the schooner was tu2ged Alongside the
steamer Illinois ana about sUJ cOlOrco troops were
transferred from the steamer her Tor the purpose
taking them over the Dar. Thlsservlce the master
objected 10, as danHering tLe schooner; but, a5
alegcd the captain OF tine steamer, with tho aid OF
the military, TOOK charge. Ine protest further
states that the evening Of the same day the cap
lam OF one OF The lighters representing himself az u
pilot uuer orders LOOK the vessel lnlo the harDor
lie ordered her 10 Keep on so as TO 20 through the
nOrtn channel. 1he master demonstrated Dut, as
CANNED. WAS ordered 10 obey. lew minutes alter
wards The schooner struck on the bar, but suDse-
quenty nOaSed OF. orders were issued to pay out
ten utnOms chains, and the consequence was that the
schooner tnulnped on the Dcacn breakers, wnen sue
commenced ea1hg badly. and, the pilot and 0iicers
having ieit, the m1ter TOOK charge, and bnuing that
she Was drifting On the outer breakers voluntarily
stranoed her on the Oech. Tue vessel was stripped
and the property taken possession Of by che quar-
terlasGer Ine palntifs Claimed lot he loss OF the
schooner, and SiIUoJ paid them. Inc piaintiIrs
having applied w lne receivers Ol tie company Tor
their ciaiai relerce was appointed, VINO reported
III iAvur Of the Claimants.
The aigunenL was heard ut some length yester-
dag and lue Lour. reserved iLs decision.