, 1872-12-06
THE LAW COURTS.
NOTES OF INTEREST.

Wnl. Bross yesterday brought suit in the
United States District Court against Norman c.
Perkins, Assignee Of the State Insurance Com
pany, George ". h1cMullen, J. B. Smith, George
G. Smith, Charles II. Smith, and the National
Loan and Trust Company. The petitioner re-
lates that in 1871 he was the owner Of q policy
for $4,000 on property which was destroyed by
the October fire; that the defendant, McMullen,
then was, and still is one Of the Directors, and
the General Agent Of the said company that
McAlu11en, whom he distinctly understood to be
representing the Insurance Company, asked
him if he would take 10 per cent for said policy,
assuring him that was all he would ever get for
it, which offer he accepted. assigning the policy
for the sum Of $500 that the representations
on which the policy WAS sold were fraudulent,
in which the other defendants conspired
with defendant McMul1er; that the assets Of
the insurance company, at the time Of the fire,
amounted to 60 cents on the dollar at least; that
he could have received 23 600 for his said policy
instead Of $500; that one of said defendants
caused to be written above petitioner signature,
after said sale, false date and ante-date, name
~: 'Chicago, Nov. l. 1871, and thatthe following
acts Of conspiracy were thereafter performed VIZ:
The policy was delivered to said J. B. Smith,
who took it to Ills brothers, Geo. G. and Chae.
NJ. Smith, prominent officials Of the company,
and the National Loan and Trust Company, who
held controlling interest in and solely manag-
ed both Of said companies, and they, as such Of
fcers of said State Insurance Company, pretend
ed to settle for the State Insurance Company the
policy for it's full face value Of $4,000
with said J. B. Smith, and gave him duo bill,
signed by said c. II. Smith, as Vice President Of
said Insurance Company for the sum Of $1,000;
e to 1oan sa and ost to
ing then large amount Of moneys OF the State
Insurance Company in its possession, believed
to be over 100000, and claiming to retain out OF
such funds the sum Of $1,000 to the payment of
said due bill ; that none Of said defendants are
bona fde holders or owners Of said claim OF
complainants, but that all the transfers and
transactians therein were designed to defraud
him that on learning the facts petitioner went
his policy should be given up, and the
assignment cancelled, and then and there
offered to pay him for the National Loan and
Trust Company the said sum Of $500 and lawful
interest thereon, but that said Smith would not
accede; that the said State insurance Company
appointed Assignee, the latter has now in his
hands all the assets Of the bankrupt, rs well as
the policy issued to complainant; that the said
National Loan and Trust Company is about to ap-
pear by its agent before the Register in Bank
ruptcy to make proof Of it's alleged debt arising
from said pretended assignment, and to demand
in the usual course from said Perkins the divid-
ends, upon said proof Of debt; that he fears but
be consummated, and that he will thereby
sustain great and i1reparable loss, and that he
hereby offers to pay the said National Loan and
Trust Company the money received by him.
Wherefore he prays that said transfer be set
aside and annulled; that Perkins be decreed to
surrender said policy, and that petitioner be re-
stored all his rights thereto; that Perkins BE- en-
joined from paying any dividends thereon, and
the other defendants from receiving the same,
OF proving up said claim.
The report Of G. Z. Adams, Master in Cban-
cerv on exceptions t. ;s:.sEcr III tie Cheney suit
(Caikins =. Cla1oE). ;aas Yesterday filed, aa fol-