, 1873-09-25
THE COURTS.
The "Knickerbocker" Con-
troversy Resumed,
Argument Before Judge Drummond for a
Royiow Of the Case.
The Proprietress Of the Parker House
After O Divorce.

-
r,
1cSlcFtlAyS EToccosA1nES be1Oro
tho Sunrcmn Court.
Judge Dr,.mmond yesterday WAS occupied with tho
argument in tho caso Of the Knickerbooker Insurance
Comrany. For the bcno1t Of those who may not ro-
call tho facts, brlof resume may ho Of advantage,
The frat petition, and That on which tho Company
wero adJudlcased ba,krupts, was filed Jan. &, 187a
Two supplemental petitions wore lcsl-one by Bray
10y Patterson, anl one by Allen Mackoy, ali ulcg-
ing losses pocies aud also containing allegations
Of preferential payments to aoro It spcrry. The
qlcstion wal decided on the frat two petitions,
Alien Mackcy being allowed to n1e
theirs nftorward. Tho errors assigned nre
tho verdict Of the Jury deciding tho
Company bankrupt ceralp oral Instructions given to
the Jury which should have been in writing, tho ad-
mission Of the supplemental petition Of Aten h
Mackey, and refusal for a continuance.
The case wis taken to tho Circuit Court, but refused
heariug On tho ground Of waut Of jnrfsdicton. It
was then taken to tho United ssnes Supreme Court,
wl4cre contrary docsion wis gycn, aud tho case is
now brought buck again for review Of tho decision Of
lilo District Court, which was rendered oser year
,r ths n,,nn.mx 1a ra uro"rS ~ "s lily s
by them is, that the Court wrongfuly allowed tho pes
lion Of Allen + Maekey to bo filed without proof
n nm.
nanr s ~ orans,ar. rha ,sn.a, ~ .h",, 'As a.ta
pany as creditors. 1ao uenial 70 'hoir petition
bankruptcy committed or Of there being anything ue
~. y. ..e .aN ana ~ VI .ao ~ ~ no-
uee ot the - mug o. Tue aappiemontal petition was
g'van, and the Company waa refused continuance,
was error. Tbo lat not.on ,yas IN tho notnr. If
nav re,it,on for II ai1oys, nsa, n,ttsr Tho nor,-
~ % ha xs
required by law, and, therefore, \ refusal was
BY tho Court 1h'uk II would bo error II you ~ero
Obliged to 60 to trial before tho time allowed In the act
ny Mr.. swift~Aoain. tha ,unn1omcnta1 n.,,ton ~.
~. nisa =, asoorsnuo tn aaa.inn psuen en
the act, which requires that . petition
should be flied either on the return day or
w 'ne aa1ousnoa aay, u tne Original pet'1on, ana
TINS was aed on tho 18th Of June being nches OF those
he next e.ror /, TINT thu Court tao. from thu ,orv
tried, and ,oclt1ea Tia onastion nhothor Allan !,
acov @ Ixs are ueeu ersdttors ,' Au'n
Jury;
nS .ns. s"ne-ino ISSUE "as On inc 1naeoeane's
md also tho act Of bankrun te Tie denial negatives
committed Or that 1t i indo bed to tho petitioners in
mannsr any fern u.s. ni|sged Allen Mackcy must
stl!ng 10 70 presumed Il was question on vhieh
wo bad right to 60 to the Jury, ~ we had donied
prove that petitioners were eraditors which i Mega
nve1 IN cur denal: case IN point is IN re skeloy
d ssi1ss M Would depend Gu the form Of
denial: ..
Mr. swIi THINK that T. hc saas u tue ordinary
FORM OF uonia hut even II was not denied II tho
afet two petitions waa expressly III tho denial to tho
petition Of Allen and Story.
cause ora ln.ruetions wore given to the jury con-
traEy to The late practice act % asslate the practice
written Instructions are Obliged to he giYen.
Mr. Black. on behalf Of thu petiioning creditors,
reforouco to continuance TINT the stipulation which
preseu4eu 70 consent to continuance Tas drawn
WHO signed II having no right to represent prayey
Patterson, while -, Dent q BACK were really IT. tho
bs ssi sas day. an y o1
mh 81 we mehe he ee dsy y aer Tue
pEoccedinss lad eIre and ten lsmiss he pet
non and thereby throw out any other creditor Moro- +
f s o e no ea
affidavit on which to baso It. The sonttnuance y IN
tho discretion Of tho Court The petitions on which tue
waa tried were filed three or five months before,
aud therefore tho debtor needed no fur-
tlcr timo and could not bo surprtsed,
made no agure In tho case. Tho debtor waived Its
Eight to Insisting on ve-day ruo by nlns Its plea
Tbs Court Also had right to determine whether Al
len 4 mickey should DO allowed to prosecute The
faction Of Tho Court creditor, % in aud prose-
cute When tue Original creditor fas 40 to do It was
a ey a % qhs ,S 9e eoa a. aa
!ako the paees Of tho hra creditors, and there was
no o tha7 Mss Mesm m
petitioners being credora tho blu Of exceptions docs
not claim TO 10 comiete transcript Of tho evidences
BY evidence, In the absence Of proof to the contrary
The sstue does not in ES to objection h
Of tho conpa.y tho statute does not reqnire this The
fern In nm M M has esen followed aud
reference the Objection to oral instruction. lilo