The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-11-19
HE COURT S.
Important Question Of Jurisdiction-The Eric
Railway Litigation Decisions in the Courts
UNITED STATES SUPREME COURT.

Ampertant Sult 10 Life Insurance Companies
The Iprortaiioa Of Shingles From New
Brunswick-Char9e OF Fraud.
WASHINGTON. D. c., Nov. Is, 1871.
No. 27o. Pn6niI Autual LIE Insurance Co. vs.
Baaep-Appeai from the Supreme Court Of the Dis
trct OF Coumbia-The object Of this suit was to en-
Join the appellee from assigning or otherwise dis
posing OF two policies OF life insurance, amounting
IN the aggregate to 000 and compel her to deliver
them up to be cancelled, because some OF the state
made BY the insured IN answer to the questions
proposed to him upon his application for insurance
were untrue and fraudulent, and also because the
statements respecting the health habit and physical
condition OF the insured, contained in the certificate
iurnlsned TO the company by the appellee ito
likewise untrue and frau Iuiens. The lie insured
was that OF Albert G. Bailey, whose widow Is the
~ ar "a e ana suDpressions
the insured was IN consumption, aud that both him.
sell anu wife believed he was dangerously Ill, aud
the contrary Also. tnaG the Insured was addicted
10 the naotual use or spirituous liquors. and yet
DOM partlcS denled tDe TACT. The decree below was
against the company, and the cause comes here,
the defendant ID error maintaining that . court OF
equity mas no Jurisdiction In such case. where the
question 70 % tried was whether representation
was false or true, material or immatcrial aud also
that no fraud was practised. On The other hand II
IL insisted that the jurisdiction OF courts In equity
to compel the delivery up he cancelled OF agree
ments. &C., obtained through false ana fraudulent
representations, Is well established, ana that the
they were false and fraudulent The law and the
evidence were examined at length by the respective
counsel to establish their counter positions. J. M
Carlisle, y U. McPners m ana n. Cox Tor ap-
appellee.
No. 271. t0cA,oeu Gutter us. The United States
Error to the Circuit Court for Maine.-This was an
action OF debt brought by the United States TO re-
cover the amount OF forfeiture and penalties
claimed on account Of alleged violations OF the
Revenue laws in the Importation Of shingles from
New Brunswick during the years lS63-6A together
with the amount OF duties claimed to be chargeable
thereon. The firm was represented In the business
by one OF their number, and the Court below
charged that his acts bound the firm, and that he
knowingly purchased ana received on their joint &C.
count the growth and produce OF New Brunswick
and iraudulenty documented them as the growth
OF Maine, the shingles imported Illegally i'm
ported and liable to seizure. The action being
civil proceeding and not criminal prosecution, the
knowledge OF one OF the firm on these mat
tiers Is TO BE- deemed the knowledge OF MS
to show tina. the other members OF the nrm had per-
sonal knowledge OF the facts, they being within
the knowledge OF the partner. The verdict and
judgment were for the United States, and the gov.
ruling on the evidence and tue law as expounded
by the Court The plaintiffs in error contend that
the Court erred in holding that civil action Of
debt will lie for the United States in such un
der the saute and That It was error to charge that
the knowledge by the defendants as copartners re-
CURED Dy the statute was conclusivey presumed
from the knowledge OF their agent being their part
ner in the transaction. Also that the provisions Of
the act OF 1928, relating to the subject, does not
apply to the importers themselves, and that the
penalty under the second section or that act Is re-
pealed by the act OF 1866. ii. H. Dana Jr for de-
PENDANT In error; b. Fl. Preston for government