The New York herald., 1873-12-17

tne money turned over 60 tne company
person authorized TO act on Its behalf
There were read to tie Court cop some OF
Mr. Lathrop's letters, q ring Mr. IA TO return
the policy, the letters Tin ground I0r tnis
request that the c0ndtlo Jecting the payment
or the policy had not been complied with.
Mr.. LathrQn vent on 70 state that the DE camp
pUss paced IN Mr. Ss ooItcns S hands that
sented himself TO him as an agent OF the Equtane
Lie Insurance Company that ne goI -
psia ,i' on and that he had no right TO deliver 1t
before the payment OF he amount Of the policy:
,, appeared that aiser Mys Rs De ua waA aSdef
the necessity Of bringing suit against MIN 70
0y' Mr. Lathrop" Cotton informed me Of that suit,
and told me he could not return the policy while
the suit regarding IT was pending. no premium
having been paid on 1t To the company.
Mrs. De Camp, the plalntin, testified My hus-
band gave the policy to me and placed IL In the
hands OF Cotton for safe keeping; q few days alter
Celton delivered the policy to my husband saw
my husband pay $3.50 to Cotton as the amount OF
the policy; Cotton counted the money and said 1t
Cross-examned-There was an inquest held on
my husband. and attended IT; did not see Cotton
there; my husband was Ill two or three days be-
fore his death DR.. Johnson attended him; cannot
say II DIR. Johnson was examined at the inquest;
cannot remember when last saw Cotton; per-
the policy Immediately after he received 1t from
Cotton, who used to attend to business matters Tor
The witness further stated that the first she
knew OF the application for the policy was when
Cotton brought 1t to have it made out. Cotton
was not her agent in procuring the policy.
Mr.. Hill, counsel for plainti6, here said tnat he
rested his case.
ME Robinson, OF counsel for defendants, then
proceeded to open his case, stating that the COM
pany were not in the habit OF resisting claims en-
mere technical grounds. He expected to prove
that fraud had, in this matter, been practlsed on
the company, and that the fact that De Camp had
been q habitual drunkard was concealed from
them at the time the policy on his life was issued.
Before counsel had concluded his statement the
Court adjourned Till the usual hour this morning.
Decisions ON Appeal i'm Admiralty.
BY Judge Woodruff.
Mannheim Berwln vS. Steamship MatanZaS.-
Judgment OF the Court below affirmed. Libellant
to have decree for the amount awarded below.
with COSTS
The Pacific Mutual Insurance Company vs. The
Brig Belle, her Tackle, &c.-Judgment OF the
Court below affirmed: The Judge states that the
navigation OF the Belle. Libeilants must have
decree accordingly, with costs Of the appeal.
ona ss al sse cs Of ne
Court below affirmed. Libellant must have
decree for the amount awarded BY the District
John W. Avery ct al. vs.. The Schooner wanata,
her Tackle, 8c;-Judgment Of the Court below
amount awarded by the District Court. with in
terest and costs OF appeal.
Abraham Walters ct al Vs. The Steamboat W. G.
Redfeld, her Engines, &c.-Judgment OF the Court
below affirmed The libel must be dismissed, and
with costs of the claimants on both sides.
Lydla-The Judge says he Is OF opinion the conclu-
sion OF the District Judge in regard to the fault OF
the ferryboat was correct The bellants therefore,
must have decree in this Court for the amount
found que a. the contribution Of the ferrybOat 10
the damages sustained by the two vessels, with
costs OF appeal.
Michael Murphy, Appellee vs. The Bark Emile, her
Tackle, &C., Appellant.-The bellant must have
decree for the amount awarded below. with costs.
The Fire Extinguishcr Patent.
Before Judge BlatchfOrd.
In the case OF the Babcock Fire Extingusher
Company against the National Fire Extnguisher
Company the plaintiff applied for an Injunction to
restrain the defendant from the OF carbOnic
acid gas in combination with water for the extln-
gushing of fires The suits were brought under
the Cartier a. Vignon and the BOynt0n patents.
The Court granted an injunction in favor OF the
plaintiff.