, 1872-12-15

Mr. Smith, or Mr. Cooper find out if Witnesses
knew anything before they were called. He did
not wish to interfere with the examination, but
would make that suggestion.
HENRY N. BoARDMAN
testified that he had policy for 81, 500; the
loss WAS total; the policy was destroyed; went
to the Office Of the Insurance Company after the
fire; supposed the thing was all used up, and his
his policy; did not know who he met; the man
he met said he had record of the policy; asked
what the Company was able to pay; the man
/ said not much; asked what the assets Of the
property in buildings which we're burned in the
fire.
Mr. Aver objected, on the ground that the
conversation did not occnr between the witness
That line of examination was abandoned.
Examination resumed: Went to Mr. Van
Inwagen who said the Company could pay 10
cents on the dollar; went to notary, and got
papers signed Van 1nwagen told him to get the
papers indorsed by some one and he would pay
him 10 cents on the dollar; Van Inwagen did not
say who he WAS purchasing for this about
month after the fire got no notice to call at the
Insurance Office ; did not know that he signed
transfer Of the claim; signed a paper when he
did not know what he signed VAS transfer to
the company; thought it was q receipt to the
company; did not read the document very care
fully; got his 10 cents and that was all he cared
AUQuLt f8Q luNan4u 6al0 L1ET8 WEf8 GeCUT1Ll98
on buildings in the shape of mortgages; the
buildings we're burned up; did not tell him
about any money deposit.
Cross-ezan1ined: Went to the Office two or
three times; saw clerk the first time; sup
posed be was clerk as he had the books Of the
the the 9 cierR u had It made a u out; 0eet won't
back he thought the second day after; saw Van
Inwagen; had conyorsation with him; said he
1att f1,e
used the words "settlement with the Com
pany !" Van Inwagen said the Company would
settle at 10 cents on the dollar; Van lnwagen
did no4 say tho Company could not pay any
right to settle debts; supposed he was settling
with the Company; did not read the paper
he signed particularly; Here's the re-
ceipt want yoq: to sign,'' was what Van In
was oa5ed &h a 1Ss bod tssa ss os s sng
time, and did not attempt to read much; :; re-
ceived 4 check of $3.50 On the Loan and Trust
Company; it WAS signed by Van 1nwagen; his
son got the money at some bank had no in
Trust Company, except to get his rights under
his policy; thought he ought to get more
money; placed his affair in the hands of an
attorney; did so the day before the meeting OF
creditors, when the dividend was declared had
lad never agreed to contribute
cents worth to the expenses Of the proceed
ings now before the Register; had never been
when he signed for and got his 10 cents; did
not know how it WIS that the assets turned out
to be 50 000 600 less than reported after the fire.
By Mr. Smith: Considered that he had
further claim on tue strength Of his policy
understood at the time from Van 1nwagen that
the Company could pay but 10 cents On the dol
lar; he supposed then he could get no more,
but it there Was anything more to come he
wanted his share thought he had claim
against the Company now Tas ignorant OF the
transfer to J. B. Smith.
By Mr. Cooper Gave receipt to the Com
pany for SO much money never knew the claim |
was transferred to J. B. Smith, and did not mis-
trust there was any such transfer until his at
Mr. Smith said that be would take the position
TINT once man settled his claim, he would walk
out. He beloved the Court would sustain him.
Mr. Cooper announced that he stood in the
same position.
Tbs witness asked if he might 20.
The Register gave him leave, and he left.
Mr. Cooper said there were no more witnesses
then.
TEE REGISTER
read John A. Kings petition for the production
OF certain books belonging to the National Loan
and Trust Company Bank, for the purpose Of
proving that the bank did not purchase the
claims as a bank, but that some Of the officials
Of the Insurance Company purchased them on
dun. The Register stated that the petition was
presented to Judge Drummond, who decided that
it was the province Of the Register to decide
whether the books were necessary evidence, md
if he so decided, an attachment would be issued.
The Register would like to hear from counsel
1ir. Smith, on behalf Of the Assignee, said Ell
impression was on his mind, derived from the
Assignee and Mr. Cooper, that the books had
there was nothing in them. II the books con-
tanned what WAS necessary, they should be pro-
duced. Had he supposed the books contained
anything that would do any good. he would have
moved for their production long ago. It was
Impossible for him to say that the books would
do any good in the case. t
Mr. Cooper argued that the only person out
side the bank who had any knowledge of
what the books contained, vas the Pc
the books we're necessary evidence. They
had lot Of books examined before, and
the general ledger, the book Of all books they
wanted, was not produced. The money paid
Of the bank. He claimed that tho bank was
simply the medium by which officers OF the
State Insurance Company attempted to gobblo |
up hundreds Of thousands Of dollars, and that
the bank, as bank, was in no way interested in
said claims.
Mr. Aver contended that the books were the
private property Of corporation. The proper !!
course would be to ask . copy of the entries in |
the books First, the officials Of the bank should
should call for copies. The books contained |
records Of private transactions with its deposit
ors, and if bank exposed the business Of it's |
depositors,. in any way, it would be liable to an
action On the case. The books had been volun- !
tarily produced before. King, the petitioner,
should state specifically what he expected to
prove.
After long debate, in which mr. Cooper said
he would have very little faith in copies Of the
books, even when sworn to, and Mr. Aver re- |
iad had had