, 1873-06-17
A Lesson for Defendants Who
Appeal.
Questions Of Interest to tho nlorcan-
lilo Community.
Recent Resorts to the Referee System
1.-The Amended Bill in
Mum & SCOTT.
Tho Question Of Reinstating Suits Su8-
pended in State Courts After
Adjudication in Bank
ruptoy.

Adjudication in Bank
-. ruptcy.
Tho suprouo Court has decided tho enss OF
Brooks Y. Martin ct al, appealed from Winno-
bngo County. This WINS bill to forecloso two
mortgagos nlado by Dcsonna Brooks to John A.
blanchard mud Isaac N. plloirB, both OF which
had boon nssignod to William T. Il. Brooks
Hannah Martin, a party defendant, answerod tho
bill, md fllol cross bill in the fattor alleging
that Dosonnn Brooks had satisfied tho mortgage
aud that tho assignment to William T. II. Brooks
was fraudulent, and made and procured BY
Dosonua and William r. II. Brooks for tho par-
poso of lefrau1ng ilim, Martin, ha having he-
como tho ownor Of the promises by sale OF thc
United States Marshal OF the Northern District
of Illinois under a judgment againBt Dosonna
Brooks, obtained by lin in tho United states
District Court for tho District OF Wtaeonahl.
Tho cauBo was tried in Winnobago Circuit
Court, and decree WAS entered i'll favor OF tho
cross-biIl, to reverse which m nppcnl vas takon
to the Supreme Court of Illinois, whose OPINION
waB delivered by Justice Breoso.
Defendant III error inaisted that tho cortifloato
OF evidence did not give oil the evidence, but
tho Supreme Court could not afllrm the docreo
OF tho court below for that reason, holding that,
II tho record docs not contain all tic o7idonco,
1t was for defendants In error to supply tho
ou1isaions. This Court could only look to the
record. Tho court bolow lad certified tho owl
donce, sherofore, tho Court must look to tho
evidence as certified and il It failed to sustain
tho decree, would not infer that tho court bolow
heard othor evidence. Tho Court had carefully
examined tho evidence In the record to sustain
the point n,ado by tho defendant in error as
to fraudulent assignments Of tho mortgages
to the plaintiff In error. (Horo tho evidence
was exhauativoly disaoctcd, md the Court pro-
cco1s]. Tho Court failod to find On the record
my ovidenco on which to roBt tho findings Of tho
Court below. Thoy wore fncts, II they existed,
capable OF proof, and tho olus waa upon tho de-
foudants in error. All tho Testimony going to
show tho o1istonos Of such facts was for the
most part hcarsay, aud insufficient 81 grounds Of
q decree. The argument tint plaintiff In error
yqaH at officer III tho army. depending on bis pay
and, therefore, without funds for such an in
yeutment, waa not sound. Ho cntorod tho army
camo out Of it Briealior- General, and in-
stAuceoB WoEo not wanting whore fortune Las
p1cuniarily favored Bnch. It might be, tho
money OF Desonna Brooks Was used to offect
oil tho purposes charged 1t might 10 SO con-
sufficient for plaintin in error to show prima
1acie that tho mortgages were his by proper ns-
signrnents; this ho did by exhibiting thom in
court, assigned, for money consideration.
transaction could l.nvo boon called to testify aB
to the factH and their testimony might be sul1i-
cient to destroy tho pr1ma facio case made by
plaintir III error. They had not been callod as
examination Of tho testimony that thero WAS
nothing it it TO prejudice tho right of plaintiff in
error to the notes aud mortgages, and that the
findings Of the decree wore not sustained BY tho
proof in the record. Disposng of this point dis
posed Of tho caso, and rendered the examination
Of other errors assignol unnecessary. Tor tho
rcasons Eiyola, tlc decree ia reversed and tho
ca,Ho reunnded,
INTERESTING sHrrPISa INSURANCE cAaE.
In Judge Woods room tho cRBe OF Porter u
F,1llor v. Mechanics aud Traders INSURANCE Com
pany wns yesterday oil trial. This is all action
brought by Plaintiffs, who are lumber merchants,
to recover for the LOGS of q cargo Of lumber
which they had insured in defendant for s10, 900.
steam tug Detroit, which WIS wreckod Oh the
wost colst of Lake Huron, late in tho month OF
soptember last. Tho plaintiffs first applied to
Mr.. Bruce, insurance agent, for . policy upon
which was to sail from Bay City, Michigan, to
ton iAso wae " n,sdo at 0. about lug tlo "pt1ea close
Of business hours on Saturday, the 2sth
ef laat September; no premium was paid, but an
Informal certificate Of insurance was gyon. Subao-
luentiy, during tho following Monday, Plaintiffs
asked dofondantB' clerk to change tho insurance
by striking out the word " Hunter" aud insert
Ing, that of tho stean,-barge Detroit" On
TINT both barges had boon lost on the previous
Friday night, or on the Saturday morning on
which tbs implication was drAt madc. The
plaintiffs claimed tho amount Of insurance on
tho altered certificate, which waa rofusod by do
objection, boing that tho alteration was
not n1aio by tho agent but by clerk
In the office having no authority to act in the
premipes, and it was suspected that tho altera-
ton was effected for pnintitTs aftor plaintiffs or
their agonts had received information Of what
had happonod. The protest upon which tho
claim is basad, rcciting tho circumstances and
tlne OF tue loss, and which plaintiffs furnished
to defendants, showed tint the Captain Of tho
"Detroit" and his nlnto Ind made sworn atato-
monts tint the voyage had bogun OH Friday, tho
lny boforo the first application was 1nalo, whilo
tho loss took place at 2 Il. IN. Saturday, twelve
hours aitor. This, tue plainliltn now claim, WAS
mistake. The dofondants allego that tho pol
to the "Datroit" instead OF tho "11un-
ter, waa not countorsignod or authorized by the
n5ent, NJ is expressly stipulated in tho certificate
as ssino qua non Of genuino,oua, and that, with
out such countcraigninG or authority, tho docu-
mont il mot binding as m agroomont to insuro.
This casc, which will be read with interest by
shippers, will probably be concluded Tomorrow.
AEsonV TO THE MEEEnEE SYSTEM.
lawyers nnd litigauts, when both adcs TO caso
san mako up their mind to stand BY tho decision
pf tho loyal umpire before whom their caso Ia
Arguod. In this evont prompt decision can bn
arrived Ut, saving much limo and anxiety. Tho
l,s4 case tried boforo 4 lloferoo was that Of
Wilbur H. Robinson OF al. " City Of Obi
cago, In Which plaintlffa sued to recover
damages sustained by thoir yessel iu n
collision with tho Eighteenth ntroet bridge. Tho
Neforee in this suit was @. Gardner, who decided
IL, fovnr nj 1}nnt}fea rvnr khotn i117pp,n,,t mr.
S7s3.4s Will costs. At present, two ofhor suits
nro being tried before llaforoo, namely, ]. p. De-
CoudroAot a. Y. A.. AI. Alou, aud A. Ii. Allonv.J.
r. DoCoudrea ct al. Tho frat commenced in tho
Snperior Court, Tho second In tho Circuit, and
both are YeSorrol by stipulation under tho char
tor to J. p, CarlBon: Plaintiffs in the first caao
suo to recover for s balance, as thoy claim, duo
by Allen to them, amounting to about "a, 400.
for luulbor delivered. Allou olaima ~, 900 dam
agoa from DoContlrcs ct al. for alleged fAilure
DeColdrca ct ii. fnd contractod to do,
within tho season Of 1873; a1Ao tor