, 1872-12-10
Defect in the Bills as to That;
Guaranty---Jurisdiction of
the Court Sustained.

Isaac Il. Hardin, VIM. Il, ". Cushmore. Wm q
5odell, Van. H. Higgins, and John 4. Wise
hecently motion VAS introduced to dismiss th,
sult as against all the defendants except the T,a
mar and Peoples, which Was agreed to, followed
py motion that the suit az against
the Peoples be removed to the United StateE
Courts, which is pending. The papers we're nov
Drought down by the Court to pass upon. Fhe
complaint, as amended, by the striking out OF
the named defendants, and all relating to them,
hs% nov stands, that before June, 1871, the Lamar
nag subscription capital OF 81, 300, 900, oi
wn1ch the subscribers paid per cent in cash
and gaze bonds for Is per cent, leaving so Der
eent nna subject d to call that the whole capital Of
Eo,uoo,VU0 e1, was "a afterward subscribed that in
June 1871, the Lamar decided to stop business
ana felnsuled :s its outstanding risks, and wound
pointed POI, ed to tor the purpose, which arranged
Trth the Peoples INSURANCE Company, Of San
outstanding risks for $3.50, 900, after the payment
OF which assets were left on hand amounting to
Ss5,Qoo.l6 that, bya statement issued after the
0e5oper do Del, re the stock paid up shown to be
cellaneous, $500. By the fire the PEOPLES lost
about S500, goo Of its own, and about $500 600 bv
ITS Lamar reinsurances and their assets, it was
stated, would enable them to pay. Is cents
settlement Of claims IN Office vas
opened to adjudicate thereon; that a the
Lamar Company at no time opened an office. or
N many any way attempted settlement, and that it's
rendered all its liabilities to the Peoples; that
the Lamar officers, by stating that the suffarers
you'd never get more than Is per cent from the
psoples, bought NJ. their Own policies at that
tue Lamar claims that the Peoples Ia indebted
to them, under reinsurances, to the extont Of
about s3oo,000. And asks for the appointment
OF Of Kecelver, and that the companies be On.
1IfY1rY YTrifS &E.o~~ ~
The Court said that in the cause of Wilkoaha. !
SKY =: Ihe Lamar Insurance Company he |
thought the demurrer should be ove1ruled. The |
pn!y med objection that appeared to have weight
as regards certain defendants Ieonard swott.
Isaac N. Hardin, b. ". Cushnore. Wm. 4. a.,
f, del, Van q: Higgins, and John q. Wise, the
IA aacts Is respecting & which Tl be- found duly report
tions as relate to the other parties were good
by orsf;an reason . Of of,o the p nature Of
process OF common law; and it did appear that
parties should have their remedy in 4 Court of
Equity, as it vas the only tribunal in which tho
at ,e could obtain Relief and adjust the mat
the allegations we're sufficient as regards the de-
lendanta not already dismissed, namely, the LIZ !
hr snd E7sna the Peoples IL Insurance
=
ne OIL as regards the two defendant companies
whom the allegations are held to have
)een sustained
The Court said Of course reasonable time
'g4lo 14 De gwen: dow long would he require?
Mr; Evans said he thoug ght be might ask for
wenty days or 80. ''0A Iva i,
Mr. shufeldt, for the plaintiff, called the attan-
.on 81 I4b Court to the fact that motion to
ne United States Courts Was already before the
'omrt, 3 ana had not been passed upon.
me court remembered that such motion II
Mr. shufeldt pointed ont how the one detand- Il
ut might be affected by tho removal Of tha
suse SO against the other defendant and, after r.,
lr1ner conversation, the order Was made for Fl
Fenty days to answer. q, a.
dE NATIONAL AND STOCK MUTUAL, cosfp4rrra :"
IN the sults Coates Y. The Stock and Mutual =,
ompany and the Chamber OF Commerce y til
ne national insurance Company, demurrers co
q peen 4tea p the defendants, in both cases, IN
aiming that the bills we're bad, because they re
aned payment under the guarantee already1e-
The Court said the facts in these cases were in.
s - the same and he thought that the nt
Equity Jurisdiction. In the.case Of Coates he
nsldered that no objection could be enter -:
ned to the rejoinder of the comp1aiuants-au ~ gas
3se complainants we're by right complainants, l ~;
al t9ese defendants we're by rights defend ia1 h
2 :, we're interested in the stock "a "a
! the aasete, He thought there was defect gea
ne bls, which might tend to bring in another oo'
en u Fo11anshs 1Gs1oa namely the guarantees OF
lansbee q Galloway Which were fully , ex, tho
med in argument before Judge Porter. and cor
oEted o. n yesterday'a TR1ngNE). These agree the
.blll IN his Judgment, and only caused confu- Thi
y J. 'ney appeared to be matter with which an
'se agreements we're not entered Into into wee
com1,s 5me s1sm95 companies 1.ana With the parties;
g e ned nothing to do With them. IF these at
lies thought proper to make such an area. hnrs
II ano pay those debts, it had nothing to do NAM
II ths te egmalnants it was matter With WICK
;. Ihe defendants' rights were dxed~other ti1aer
'naanta y "a than the companies-they held lard
I x IN The companies; their rights could T be ment
WIN Re a to tha Particular agree the
pointed ont in the demurrer the biz did did ttoT aew
to have g defect US reeaTda ''0n
s9gaeid a9g5sisd%ent, .,.sai end on that eroand ai
70 parts Of the faatftn iii fba the daurer
e. and to the defendants Barker and oi6ars will
~ We pe amended. Again, the complainant va State
,1nu; IL me opfnlon OF the Court to brine which
'ialm " 70 Judgment. The corporation had colori
lands Of the defendants that bsin meee 70 n Wcdg W.
proper that the parties should havas ria,t time
Ae tner case to court OF equity Int tSaH Of rea
ID have no right to bring into tRa co',r 'ney will bt
loss. WV 'oolt any
!, Evans asked the permission Of tba rto,,t
'ne 1e4aa1A as TO the Receiver, before that AyTe
. = c %as Passon On. IL Met
t.az "ouiu ~ u pass on that at once wou1d and II
" ~ pe1ofe, but it did not annea7 real
70 Deem pressed particularly. and &C
should not be appointed. There va wa not me+
Sd to BEFORE not particularly pressed. 5 = NEW
corr+ d;d wi H.. ., day 161
~ eo4t ~ ulu Hot see tnat there was cauaa and 80
eoe sno"n 1or the appointment Of a Po e1trem
NOT but that, at some future tina IL lttle el
might see cause to mako the tue little
but the causa had MT yot ~ ~: oPPolnl- 8@10c
hown He uou ~ w; - LIS oplnlon 14c. a
"a o1no;nts4 ~ 1l11neu!aSe necessity | II head
-, ar;.P r. t: ~ present. although il ! 8A cwt
e. a. i1eo o ~ any t1me. cars Te
snu1e1dt CD not press the matter 45c, Iy
ttFan8 said that when q iudn1non+ ,1.,, SHEE
ained against the defandant ~; ouUu1u week, al
he wall knaw b ,o,.at - ~ fHataoaal( OF For tot
.ao, ho-r III ~ .u9' Us t4lo pGt he had lots sell
t4 ~" ~ 'na1 co4o Do advanced by the ira, 6A(
H&c6fTAr- nrx,4-x