, 1873-01-09
NOTES FROM THE COURTS.
Great Western Insurance Ccrl,lany---
Important Decision.
The Kingsbury Estato---0heokcrol
Career Of 4 Mortgage
--latest Respecting nslow.-Dnnkruptcy
Proceedings.

An Important decision was t1ellrorod by Judge
Hopkins In the United States District Court yca-
torday afternoon. It was in tho case Of Upton,
Assignoe Of tho Groat Western Insurance Com
pany, ngatnst Tc!:ord Durnlan,-au action to re-
cover tho unpaid balanco Of Durn!an1's Btoek.
Ho al paid 20 por cont, and an order Of tho Conr.
directed TINT the other 80 rer cont should 10
paid In. Durnham refused on tho ground that
he not tho Original l1ol.lor OF tho stock, 1t
1aving novor boen legally transferred to llim-
Tho opinion of tho Court wna as followH:
THIS is ca1a OF good dca Of importance, not only
to this defendant, but to etockolaera IN col,anls,
II Tho ,narkot TO very large extent, and a question
iutcrca.s tho whoe conorcn1 world that s.ockhold-
tween themselves. Az untlorstnnd tho law speak
though with some ditilsenee--the Question ia orc
saa on te e1 sS W nn an asse@eat s u ho ha W
y executed is good letwcsn the phrt1ss T. aa1T nn
assaafs asSee hoso srles 'natsssa hat shs' g'yss
ftock-tnat tat net does not create my legal relation
i,ee. II givoa hin, tho right to become emher Of
esSspS cos"y hs sy Il tho aassnos s soanes
.p .ock nS was e. rsoys nsn from G fnro Ray
Tor assessments he should do 1nore THAI simply
books, 40 Tint aon1ebniy is accepted in his stead.
duty @ M a. botwecn Iii, nurulaln and Mr. aun,, Or aIr
Halo [proous ow1,6rs Of stock] or waevcr the Ia
SSt a Is e edrs sea sesso s M y
lam Wis NOT linble.--h a should be brought
ssns ,s Mr. aa md they 1nona ,, s
10 % aesE%insa mi sr 1sre Da' MY, tsss i ,Is
sponssie TSerc were were NO No laIi!,tses tles tai tSo
oSer any a S, cop,ny mp s.'e Gd Mr. ,e ' Or M
Gum eles request tic Company to ,t transer H., s
this disaster uhe great firs] overlook Tho Company,
s, t. became soyent Sov esn tho q'SSm1; as T.
up s9'l tssae' s"a s"' Niisse q oonsy s
Halo vas the only party laSlo but 5y accident after
ward. this party was In tho otlcc-a certificate was
certificate 1rado upon the booka Of THO Company. Now
previous to ths time It bang conceded that lio waa
Charge Ills arty viii tbs aby Or oes lis a
ity relate back to the tine Of tho assignment,
to % H., liz na1 s'r # sSs = na; aSs
this assessment that hcre is not legal relation
tanlshst! betwcen tho Company and this defendant
the plaintiff Is not entitled to recover.
THE HINoEnunT ESTATE.
It appears that the valuable Kingabnry estate,
at tho corner Of Clark and Randolph streets,
was mortgaged by Julius J. B. Kingsbury, now
deceased, and Simon 3. Duc]1ncr to John A.
Griswold, then Of New York, and now Of New
for i form Of ton years, for tho sun, Of 31o,o 900,
aud that tho trust decd was nndp to ono Jln1oa
Clnpp, WHO cannot now be- found, aud TINT
although tic money duo on tho mortgage has
tl:o infant Kingabury, through Auaon Sporty,
in dhaucory, 30 directed to, make tho
eaear necessary yg,rtds dood ,ndn in d0ie,t r Of tho
1eon1s to have Ind n chcckorcd existence. 1t is
described as held in trust by aaia Clapp, for I.
short porloa, for tho mortsagoo, Qriswold. On
mont, transferred tho bond for $4,000, secured
by such mortgage, to Ambrose Z. Burnside, in
c1uding al interest in said trust deed; on tho
2sh OF March following, Burnside, by similar
bond and trrst decd to Thomas Swami, of Dnlti-.
more, and on the 1st OF October. 1865, said John
A. Ori6wod made furtLor assignment to said
Swami, from whom said bond has been procured
bury, who Is tho sole owner Of tho property in
question by dcBcent and inlloritauco.
THE LATEST nEspEoT1Sa w1ssLow.
A petition for adjudication in bankruptcy Of
plnin statement Of facts is tho most biting COM
ment possible OH tho brilliant past Of the absent
banker The petitioners, John Mattooi, Edward
6. Mason and Joseph o. Ruttor, after affirming
their domand against tho lobtor as follows:
Ront duo from Haid Ferdinand s. Winsow to
your petitioners to the amount Of 55,1Ge.GG, for
tho ~ nso scan md !r occupation Of tho promises known
tho Central Hall building, situated ut tho
northeast corner Of Wabash nyonue and
Twenty-seeoud street, under. anil by
virtue, OF leaso OF said prem1aea
Petitioners further represent that Winplow COM
mittcd m act Ut bankruptcy by being absont
from the State, aud remaining absent, with iu-
tent to dofraud his creditors; by making, whilst
navian Bank, ono OF his creditors, with intent to
give preference to Blch creditor; aud, being Il
banker, BY stopping and not reBnming payment
Of Of hls commercial paper, namely, said Minslows
sum Of $3.50, payable 70 the order Of julius
Peterson, on demand, Which WIS presented ct
tho banking onieo Of aaid Winslow
acp dGI on Dee 49, but sad
on said obligation has boon stopped. Edward 7.
Mason 6les an affidavit affirming that Wiusow
loft tho State about the 9th Of July. 1879 pro-
Tossing to 50 to Europe Oh d business trip and
turned, and that he il informed md bolioyos
Said Winslow to hnyo stated TINT ho has become
totally bankrupt and will mover rerlrn to this
country; TINT said Winslow has taken Il large
lin insut'clsnt to pay hs ] oruistors t thas ] said
Wlnslow, by llis authorized agent, on or about
Oct. q. is72, conveyed to Wilson X. Nixon, u
trust. to secure The payment of 100000 to tho
Scandinavian National Dauk certain tract Of
land in Wrightwood, in tho s. ". Il Of Section
2s, Townsllip, 49,, II, aud other property (ro-
give preference to said bank, 1t being QUO OF
big creditors, said Winslow thon being iu-
solvent.
nAEEnUprcY rRouEED1Sos.
In tho Bankruptcy Court, David Z. Bradley
was ruled 10 pay tho Firemal,'s Insurance Com
pany S752, and 10 per cont interest from Sep
te1nbor, 1871 being the amount OF q noto held
by the Company. Mortimer Medley, Of (lales-
burg, flod q petition to bo adjudicalcl bank
rupt Tho Court made an order that oil per-
Sons interested show cause by tho tirs! Mon
day Of February next why certain lands in
tho County Of 1Iacdonough, ILL.,, should not bo
sold, said lands having boon given as Becl1rity to
consider note given by Cummings & Chandler
to tho Company cnnu,ings Il Chandler having