The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-18

Decisions-verbaI Contracts Of Insurance
Agents Binding Upon tho Compnny-Juris-
diction OF District Courts-Decision OF the
Postmaster General in Certain Gases Final.
WASHINGTON, April II, 1871.
In the United States Supreme Couat the first case
called was
No. 12e The Hartford Fire Insurance Company
cs. Spenoer-Error to the Circuit Court for In
diana.-This was an action on renewed policy Of
insurance. and the question was whether verbal
permission to the insured by the agent TO re-
tam ON sale certain powder on nand az
the time .of insurance and additional insurance IN
another company by the same agent were facts
causing the provisions OF the policy against the sale
OF powder and against additional insurance on the
goods 10 fail as defence to the action The court
below charged the affirmative, and the verdict was
for the insured. The company sought to reverse
the judgment here by c0ntending that the know
ledge OF the agent was not notice to the company Of
the facts alleged and that the agent could not In
pany and Dind 1t by his acts. Tne judgment below
was affirmed by divided court.
No. 11o.-Meades ct al. Us. Norton-Appeal from
the Circuit Court for the Northern District Of Cali
fornia-In this case the court below decided that
the title OF the appellants to certain lands IN Cali
fornia claimed to have been derived from Spanish
grants was based on fraud and forgery and the
suppression OF title papers by the adverse claimants
TINS Court aillrms tnat Judgment. MIR. Justice
Davis delivered the opinion.
No. 81. The SusQuehanna ana West Vfr0tafa Rat.
man-Appeal from the Circuit Court for the West
ern District Of Pennsyvania.-Ths bill was filed In
March, 1867 to Obtain the sale of certain lands be-
longing to the railroad company upon which the
appealers held mortgage in trust for certain
parties. residing In New Jersey. The decree
lants here contend that Us Newman, one
Of the plaintiffs, resided In pennsylvania,
s s Of as ne eSSe
II was shown that all the lands secured by the
mortgages were owned by parties qualified by cltl-
where the suit was brought for their benefits. These
facts were not sufficiently shown. The Court sus-
tions to dismiss the bill for want OF jurisdiction
Mr.. Justice Field delivered the opinion.
No. 127. Dunlop ct a. vs. Gunts-Error to the
Circuit Court for Louisiana-This was an action to
recover certain lands in the parish Of Ascension,
louisiana which had been sold at marshals sale, on
the ground that the sale was void Tor irregularities.
The sale was confirmed by the court and this Court
aiirms the judgment. MI. Justice Miller delivered
the opinion. -+ftsSs
No. l13. Mann ct AL cs. The Rock Island Bank
Appeal from the Circuit Court for wisconsin.-This
was bill filed by the bank to compel the execution
OF certain alleged trusts by the appellants seeking
to reach real estate the title which was In one OF
the appellants, on the ground that 1t was purchased
ana Improved by the money OF the banS. The de.
cree was In favor OF the appellee and Is now affirmed
by this Court Mr.. Justice Miller delivered the
Opinion.
No. III. Wright ct al CS the United S1{es-
Error the Circuit Court for the Middle district OF
Tennessee.-The government proceeded on post.
masters bond against the principal and sureties
claim Of set Off was the defence, 1t being alleged
that, under the act of March, 1863 certain allow
ances were due the postmaster IN consequence Of
military post being near the Post Office whose
mail passed through 1t. THIS claim the De-
partment has refused, but the Court instructed the
jury thas ii they found the additional duties had
been performed they should find for the defendants.
The verdict was against the government, which
here contended that the decision OF the Department
on the claim for extra pay was final, tue matter
being within the discretion or the Postmaster Gen.
eral. This Court holds the instruction given to be
error and reyerses the Judgment, ordering new
venire. MIR. Justice Davis delivered the opinion.
No. 4o3. Wheeler Us. Hdrris-Appeal from the
Circuit Court from the Southern district Of New
York.-dotion to dismiss denied Mr. Justice Nell
son delivered the opinion
No. 1l2. Noonan rs. Bradlev-Error to the Cir
cult Court for Wisconsin.-The motion was denied
Mr.. Justice Clifford delivered the opinion.