New-York tribune., 1873-06-21
THE COURTS.
THE INSURANCE INTEREST.
IMPORTANT DECISION ON APPEAL AGAINST II


THE INSURANCE
IMPORTANT DECISION ON APfEAL AGAINST THE
SHERIFF
An imnortant decision was rendered some
time ago by the General Term Of the Superior Court
which will be read with interest, particularly by in
urance men, and by large class Of creditors who have
toowed the practice of the Sheriff in attachments, and
now ind themselves in a somewhat awkward position,
as the practice Of Sheriff deputies has been
uniform in that cass OF cases and new htRations will
undoubtedly be begun against q public official whose
duty it understand how to make legal service. The
present was brought by James oBrien, as Sheriff.
against the Mechanics Traders Insurance Company
OF this city, and is OF four which have been
pending in the Superior Court for several years.
The action was 70 enforce certain attachments in favor
Of various merchants in this city against the insurance
companies for goods sold TO man named Gambler TO
open a new store in distant town in another State,
about month before its destruction by fire. The
Insurance companies defended the suits on several
grounds The loss occurred in the interior OF Forid1,
IN small place aud the companies denied their liability
on several grounds: One, that tie tire attended
with many suspicieOs ercumstanoesi another, taat
Gambler the Insured made fraudulent claims IN regard
to the amount Of loss On the rst trial verdict
was rendered in hvor OF the plaintiff The Court, on
appeal reversed that Judgment and on the secoAd
trial the Court (the Hon. II. C. Van Voorsp dismissed
the complaint The plaintiff died EXCEPTIONS ana the
case has Just been decided by the General Term Oi
course the three additional Insurance companies VINO
united in the defense in the victory The decision
is by ChiefJRstce BarboUr and Judges Freedman ana
sedgwick the opinion By judge FreedmaR as fol-
lows;
The learned judge who presided at The trial dismissed
the complaint ion the reason that the claim Of Gambler
AGAINST defendant anon tue pOucy IN question hdd
been attached by the Sheriff and that consequently
The palD had no soch title 70 the properly as Is ne
cessary for the maintenance OF the acHOD The manner
winch attachments under the code are "a be executed
- bind property of which manual delivery cannot
1ftfll fle Ia fItu. a.
be executed by ieay2ug certified copy OF the war
rantof attachment with person corporation hold
iug such popertys with notice SLOWING the property
secfon 26 furnishes the Sheriff with the means OF
tanning disclosure 81 ali tue particulars necessary TO
enable him 20 describe the property Intended 10 20 lev
ied upon with due Particularly. He may apply 70 the
person holding the property Or certificate designating
the amount aud description OF the property so held Ia
ease tIe certificate be refused, may Oe compelled In
keuhlmau 0sser, DGer 2tz, this Court expressly
hed as one u tAe grounds upon which Judgment aJsU
yte was ordered Tor the plaintiff upon the verdict that
hc requirement. OF the said &5th section can only he
4tsh-d b, notice, which 80 particularly describes tue
ana that notice general its terms aud conlliing
o' Specification or the particular property meLAtto Dc
eVled on, j. Insufficient aud void.
TAis decision has beeu followed BY the Court in
NuSOn asL DIncau, Il AhJott, q aud expessy APP
proved by IN Court oi Appetsin Clarke ag GoedrJEe'
- v, 4A III Is iIue that ia another report o uc Last
aancC contained - How, 226, attempt
ereh hl@ue - snow that Inc CUnoh OI Chle'JuSilco
hunt upon tnc point uOH under consideration uOt
;oucuired an by majority o tie Court, aud was not
seclsy - tue deCsIOu ot tit case. But te printed
sa>eS IA Clark and Drake agJ. GUOdrdge, which were
nation oI tbe OvH Ous published il A How, IL the ght
vIicu lie printed records throw upon Jhem- decidedly
slOg tnL al, uOusn there were Two motions IN these
>ases, winch may have been argued together IN the
Iouit OfAppea they uad neveItue breu disposed OF
nsHy b. two dlaereat Judges OF supreme Court.
ihL they involved essentially different questions,
Sch were ultimately disposed OF by The Court OF APP
/. the Que css the order was reversed for the reason
stated oy Chief Justcs Hunt, and c0ucurred by all
-e JuCga except Daniels ALI James, hat the n1uce
rIyeG Dy the Sner y upon fhe National Bank oil the
-puvlc did specify suucIcl.iy IL properly in-
p
Tie debtor 10 slCh property Wl,i reasonable GER
tltt Ia ne Oruer .se tie order s reversed for t.e
rtO4s stated Ia The opinions OF Grover aud Lott j.,
namely, that dld bOt appear that the hIerH Iad at
ans tnc m-pe an atLelpJ Az ans way 10 serve Jhe at
from NerAuyeu C0- To GOOdrd-e; that cOuseQ QueuJy
tIe attachment never had been lien tae fund.- and
luat upon Its return the oherlG's powers under II
lad ceased. Nr Justice Grover was, therefore,
entirely correct in saying (i Howard 2-y that
suficieucy OF the notice served by the sheriff
alOu the National Bank OF the Republic IN Jhe case
6,st ABOVE referred uad nOtuiu dO vita tEe
eud CAST Iae d0ctIIue Hrst laid down in KuAman
upr.) represents therefore not only the settled
court. TIE law of this state az settled by
tLe Court or Apprls and tLs 1t follows that tAe
notices served the case az bar, which pulpoted -
eOVer generally al The property, real ana personal
money notes. books account aud vouchers aud
papers relating thereto, ana the debts credits ana
tiec1s Of Cau4ci ~ TUE p9sssssioA OF OF uAIeI ie
uOi OI the defendant aud winch were not IOho" On
by tne prOcUIemtnt Oi ccrtnoite ana the Ietu.---
u an ih'tLoiy' gre "Ao! Ioseleltt 10 "V-A -o'S
uq0u CdAd en-, c4iu under me policy iu question.
This briJg tle slera is not ~ position 10 main
tam ms "tt'h a"u tIe ec.e. ty'i' Io. Do 80 ~
proof tIat subsequent 10 s Mcepuou but long alter iue
limitation OI tue months prescribed by the policy
tof us beginning L4d atIt1cI' ne Mdue ne" ic'l
accompanied uy q proper notice. SuCu contract Of
nnltaLOn ls valid. ana Hi - enforced Dy tle CJurtA
bIacu aEt the y D. ad Ele Iu> Co., 1J n v 9fo' ana
tue 3l, or dsc II y Y a the Hamilton Fare lDs Co.
y. " t5 Nor could the defect De oDglaJgd by mcre
CONVERSATIONS utl"ctn ile b'TuF oLeIlA anu ut4e1u'
sus officers. The remedy gwen By the -5 section is
~ thc law ln lhe eases uere mentioned, anu must De
strictly pursued
ioudaAt WIKI cOsLs-