, 1874-02-19
THE COURTS.
State Insurance Compan,
Again.
A Sleeping-Car Company Held to
Be o Common Carrier.
Tho Toledo, Peoria 81 Warsaw Road-.-
Forcib1o Entry aud Detainor. :.

On tho 2Gth Of July, 1879. 4 rule was made in
tho mattor OF tho State Insurance Company
against Il. A.. Hurlbut, President, and James
Van lnwagep, Secretary, of Baid Company, md
George @. Smith, President and ". II. Park.
Secretary, Of the National Loan and Trust Com
pany, to show cause Why thoy should not pay
over to N. G.. Perlins Assignee, tho sum Of
sal2,078.24, belonging to tho bankrupt 1nsur-
ance Company. Aug, G, n furthor rule was nade
on George G. Smith. Treasurer Of tho State, to
show causo why he should not pay over a934,-
1882, eaid to bo ID luis hands, ind belonging to
tho Company. Tho parties filed anawors dopy-
ing the Jurisdiction OF the court, and
tint they hold such amounts. On
the 30th Of August compromise was
made, BY which the National Loan and Trust
Company wan to pay over s157, ,673.12, and both
rules wore to be dismissed. Judge Blodgett,
therefore, mcdc Nh order to TINT snect, which, it
was subscqne ntly found WIS nofcr entered.
petition ior q reviow OF thsorder was Bub-
soquently ma le, and d few woeha ago Judge
Drum1nonl o:erruloa the order, and rolnstatod
tho rule against Smith as Treasurer. Yesterday
Smith filed supplemental anHwer. setting OUT
tho stipulation in full, stating TINT tho facts woro
made known to the Judge, and approved by
hin TINT no objection waa made thereto by any
creditor; that tho amount 30 received
from tho National Loan and Trust Com
pany was soon aftcrward paid out
as Dividend, and TINT therefore tue creditors
putting tho proceedings Of which they have en-
joyoI tho boneflt Moreover tho Court, it ia
urged, has no power to compel the respondent
to surrender she money by such a summary pro-
ccedtng aB q rule to show cause.
The amount to bo paid over {4157 G73t2) waB
aacortalned in the following way. Tho claims
allowed agafnst the State Inaurancc Company,
amounted at that time to $780,, ,o57.08. Tho
amount Of claims hold by tho National Loan L
grast Company woro s20l 5s5 making total Of
credit Of the Company waB $2G1, $685. to
to various officers Of tho Company and
refunded. This would make 9271 1,585
about IS 31-10o per cent Of tic wlolo cluimB
against tho Insurance Company, 9G25, ,642. .0B the
bank agreed to pay 43 ai-1Q0 per cont Of tho
total amount Of proved claims S's64. .o8 which
Tho amount on hand when tho dividend was
declared was 9202, ,109.71, and tho whole amount
Of claims proved aganst tho Company then was
9407 1000. Smith denies that ho las any ,nonoys
10 bis possession as Treasurer belonging to tho
Company, or tlat llo has any powor over tho
National Loan Il Trust Company to make it pay
over any OF tho moneys doposited thorein by tho
prays that tho rule bo discharged.
IS IT A COMMON 0AnnlEA2
A case OF much interest Inns been On trial
before Judge Gary for few days, and waa
finished today. It. was MI action brought by
Chester II. Smith, Of Oconomowoc, against The
Pullman Palace Chr Company. to recover 81 18o
lost III one Of the defendants cara ut night. It
1,appoars that Smith took 9 a'eepjng chr on the
train, on the night OF the 18th Of December, 1871
OIL tho Chicago, Alton j. st. Louis Railroad. He
put his yost, containing tho money, under lis
pillow. In tho morning tho veHt md pocket
book wero still there, but oyory dollar ot tho
money WAS gone. A suit Was brought by him
thereupon, charging, in two counts, TINT tho
Pullman Palaco Car Company was liable Us q
common cnrrier. In two othor counts, it was
alleged that tho defendant waa liable as hotel
keeper,
number Of instructions wero asled By each
party, but they wore Ill rofuBed by Judge Gary,
WHO charged tho jury that tho Company was
liablo as common carrier only. for tho loss Of ..
carry with him to pay tho o1ponses of THO trip
but no more. He did not aoe any equality Is
! regarded liability botwooM tho Company and q
! hosol-kooper. It did not advertise to koop q
hotel. Tho jury. after being out an hour or 30.
returned verdict for tho plaintiff for tho BUM
Of s277.
rho question ia novel one, and of much in
terost. as money Is worry froq11ontly lost OH tho
! s]eoping-cara. Messra. Doxtor i Smith repro
plaintifr. Tho attorneys tor tho defendant urge
| TINT tloy aro not liablo as common carrier, as
thoy do not recoive any pay tor carrying a por-
sou, but only for furnishing him bod, nor aro
they liable "a . hotel.kce9por, as thoy only give
nearly allied to TINT Of hotol-loopor than a
carrier. An appeal was asked by both parties,
by tho plaintit1s because tho Judge refused to
charge tl!o company'h liability az l!otel-keeper,
carror waa alleged, Tho caso viii therefore bo
J taken to The Supreme Court,