, 1873-01-18
THE LAW COURTS.
Linbi1ity OF Insurance Companies
on Contracts to 1nsrrC.
Decision Of Judge Dloagett on a Claim
Of Payment When No Policy.
Issued.
.sono Partnership Doings Rcsuscitatcd
from A,lte.Firo Days.

Some Partnership Dolngs Rcsuscitatcd
from Aute.Firo Days.
Renewed Activity in Bankruptcy
Notes from All tho Courts.
Tho rotition filed by tho Assignee Of tho
State Innurauco Company to expungo tho claim
AZ VIM. O. Swott l. Co., upon Which testimony
had been taken before tho Ioglstor md REFERRED
to the Court, &aa yesterday morning DECIDED ~
Judno Dlutl1ott against lilo c!utmlnIa. III H1@h'
Ing hiu 1ec,plon tile Court Bald:
Tho evidence taEcn n this matter, a. eSrtiaea to
me, apars aDsaustay ssowa Or r., hs s'osa aisr
neting for tic claimants, W. Q. swost 4 Company,
,suro yan cess 1T ~ wseys boesa to e
nnts and TINT tho risk way taken No premiums woIo
Bs tho aa aeaar III resy 1'p ot business ID e
make eorada Of thceo aceopte risks and pass thSm
s 3ss!y s$ ;ss ,sa nssss IL l.
had oo 5usness 10 bsa0gc gcoanicS h ~
node Of doing business mud Tint tho con1aet adS In
to' :for tas iaass'ce maa % Tha policy
s g'PS tho ct ovoneo isas as IN exnD vi
:aSspo asom Ills ''n IT nv appears hat 1t provided
by prl,Ned condition III tho policy that no insurance
WHIT No las as Seen weli decided IL eases st r.!
printed c1allsc in tho policy was Waived elef py tne
e Il tSe IL ,g preu, Or vixen any credit
o. rnccoun kept with tho party insured, OF tho brocr
ossaifE eo 1 he oyencs si ut ahor orda
agent, tho clcnans, Ind my account WIN tno sa9e
Company sceont nt my IF h s,a
80 far % It appears from tho evidence tue contract
Tng ucl1oato. The claimants had not instructed 1oT-
1uf,s t~nmr
it to lila seactio subject to their anproval and u IN
tho regular courso Of b'sness pooy ~ a ne 9nss 3a
would still have Ind right to haVo Objected 20 re-
ceivng unless satisfied NJ to tug character OF tho
Uourany BtnH, therefore, decide TINT there 7aa no
completed contrnct Of insurance between tue CONF
plaanta aud the State Insurance c9mpany and order
,Aat the claim OF ". o. SWEET It Co. be c1pnnged.
REnusc1TArEp PARTNERSHIP poINas.
Mr.. Jenkins, Assignee OF tho ostate OF Gillette
4 Cunningham, fancy notiona dealers notoro
tho IRE. has instituted proceedings In tho United
hera Of tho firm aud tho father aud mothor OF
thinks tloy have unlnwfully received, knowing
1t to haye been the proceeds Of an tnHoiyont %,
TO hive received portion Of tho estate and dis.
posed Of Il in collusion with tho Partners, we'll
Knowing ut thu time that he was acting
Illegally pissstSa sav Of %ora the pey lseyr'lthjsh Es
siS,f sho Mr{or las almost contrivod to searoto the
meaning Of tho bill, the Assignee would seem to
state that Robert aild Philander Gillette and A.
P. Cunningham wero partnora until lo1o, when
vent situation Of which fact thoy must lavo boen
aware if they had kept proper accounts, which
they did not; thot Cunningham took out about
$4,000 worth Of goods, Philandcr about s2o9g
out Of the funds Of the bueinoss to n. D. Gil
,lette and wife, paronte . OF the Gill
.lettca, who know perfectly well that
the Iirnl WAS in condition Of Insolvency, os-
in n fHMt St.UU
goods faken out by Cunningham, and $4,000 Of
goods taken out by r. Gillette, were less than
tho gums respectively placed by thom in tho con-
the 1T h yeE 1ae. taas nonr 2,
was tho pretended successor to tho dissolved
firm. This seems to DO about oil That Is mate
;winjea specimen Of rorbosity.
The saino vigilant Assignee also sues the M
4ionnl Danls Of Commerce, J. Z. Hunt, and A..
r cuknnghan aor the iooM%g 70 e"rggod %'qgGn W
ppf'nSf pa{ & p5eeeels T derived from tho aalaa
Of tho goods obtaincd ag his share Of tue
above described partnership; and with haylng
Urbana where they were held by Hunt former
" a clerk Of Gillette 4 Cunningham and the
Assignee wunts everything inquired into.
BANKRUPTCY MATTERS. :,
A petitiop for discharge Was fled by Simeon
Rosonfels ct al, yesterday, end referred to log
iater Hibbald to report rs to ereditora wllo hive
proved tLoir debts, and whether thh bhnKruptt
nro entitlod to their discharge.
Joseph H. Moss Of Berwick, Warron County
Yesterday petitionca for hA Own bankruptcy
fIo owes about 81 900, Of which 81 200 is Oh {
u1or:xa.c and t1fa stock and other property may
foot up about ouc-hale.
In tho mnttcr Of Solomon Nothschild nnt
.Juli1s Stcru, Ialkruptg, Appraisers wore yes
..eraay, appointed for tho purpose OF yslulng The
goods, leaso, and Axturog Of tile estate, now il
Elm huutln Of tile Marshal.
Tic Court yesterday diHallowed the claim o
WIN, o. Ewett e. Co. against tho stato Insurance
.talen to ttne United statos Circuit Court.
hearing to tako place on tho 30tl. inst, was
-ycatortay, ordered III tho mnttor OF tho petition
TO cor,promiae tho claim Of tho oiynay Count
.,,5atiorA Dank against the estate Of II. r. Gree:
et al.
Copies Of Aeaigneo's petition, md four de
murrere, destroypd by fire, were, yesterday OF
dor "a restored III tho mattor of Deardaloe OF a
Asaiguccs' reports Of anlo were approved in til
catetes of Michael ". Pbalen [of Mooney note
nnd Z. i, Huhbs.d lstocl0.
8, s. h1illor, bankrupt, waa yesterday drocto
to appear before Register Hi1bara, Ut Il oeloc
this morniag, to no eSafAsAso tof sohse1hp''
Leave wau given to Charles II. Dakor, yesto
day, Of tho bankrupts BaAor ct a., to apply tt
discharge. .-...-
Edward ". piko OF Galesburg, ILL.,, yeatorda
Aled bill in tho supreme Court, praying that
Rccount bo takcn Of tho partnership Of Pike
Googer, mekors Of cultiyAtors aud agrieultnr
i1nplononts. Tho defendant, Edwin Il. Congo
Ia described as Of Dextor, Iowa, aud plalnti
charges that tho defendant aud hia ~ifo 20 ho}
the books OF tue concern that l!e found himael
rLlstoad OF gainor, loser to tho o1tont of noo'
40, 600 at tito close OF thor partnership. Dlssati
fol with this, ho had the nccounts referred
rprbtratora, WHO ordered q Payment hy tho dofoli
ant Of s4,170. This the plaintiG iR still dl
s.tisfod, and ho claims frosna $40 600 to els, 90
James Montgomery Is o gentleman who goo1
Western Insurance Company torplacing the sto
,of tho Company, In Which bMsinona 1t appos
tllat ho WAS onco engaged: His commission
calculates et 10 por cont, and lie vii! aubm
Jproofa to Nogister H,hbard this morning.