, 1875-06-24
Gardner ?. Comstock Again...DeGolyor
e. MoClellalld.
Judgments nnd New Suits.

II. l.obinson, M attorney OF Cleveland. sitting
that tho conlpsaanants and otl,orH bad Sustained
iosRca under fire Insurance policies In tho A!!o-
mania Insurance Company Of Clorslaud; TINT
they had placed their elnims In tho hands Of
shufoldt Il westover, attorneys, for cotlccstons
and TINT tho attorneys in tnrn Ind employed nn~
othor lawyer, named Charles II. Nobinson, 10
MAKO Investigations at Cleveland ~ 10
the INSURANCE Compnnys condition. THO
bill also alleged that lloblnaon lad
boon unfatthful TO hia truht; Tint
ho had boon bought up by tho Company, and
was intoudiug to gvott tie policies Of the va
1ouB parties which ho hold against 1t. Tho
bill concluded by stating that ltobiuaon WA
then In tho city, and aBltcd for writ OF 10 o.ont
TO prevent him from lowing The State. The
writ was iasucd, Robinson arrested, and placed
under bonds. Tho argument on tho motion 10
auaeh tho writ came up before Judge Moore
ych!er,ay, wl,cn tho defendants counsel mnde
two points agaust the writ first, that tho b!,
did not show money demand; and secoud, That
thoae made wers not positive In their character.
lobuson alao tited long affidavit in tic nature
OF an answer. us It covered ali Tho
allegations of tho hill lie stated that shufolt
4 Woatovor, who represented tllo aamo policy
holdera TINT Lo represented, woro indebted 10
him iu q conaidoia ahlo amount for his services ip
thcr bohaN that lo Ind poen at Xsoat personal
o1ponse In working up tho case, aud that he hold
tho policies and refused to Hurreudor them only
because no Ind lien on them for lis sorvccH.
Me also claimed that ho had Investigated tho Of
fairs OF tho Insurance Company, and bad como 10
tho conclusion that 1t could not pay moro thnn 40
conts on tho dollar Of its indebtedness. Ho
thought 1t right to inform his clionta Of bis
fufo I'M In
hoHevor, Noblnnon alleges, wero opposed to my
settlement, md wished to have marc expense
and litigation. and arrested him to prevent hls
dsag9a,anE t1's potes"h9ldaers ffom further
that tho bill agalnHt him waB only iled IN the in
torest Of Bhufeldk l. Westover, and not by tho
wish of the pollcy-hodciH. Tho dsfondant do
niod acting in bAd faith, or that ho wished 10 do.
tatncd tho view taken by tho defendants coun-
Bel, supported by Tho allayit, nnd ordered tho
writ OF 10 exess to 10 auaahsd and Robinson
discharged.
N1LL TO coapEL PAYMENT OF c1.A1M.
Although tho revelations at Washington some
time ngo proved that DcOolyor d McClcliand
made very good thing out Of soma uaxlng oou~
tractH, yet their richea Hccp to hnve yorily kakon
TO tho allegations of one OF their credltors James
n. Hill, who geomg to Aayo considerable difficulty
In collecting his olaitAs. lin s,ates that In
May, 1873, aud prior thareto, ueGolys1 Il alcCtc-
luQH lMu l00l DuHukVQ kAG 0lAllGbk VI &[I8at~
paving, both In tiis and other cities. During
their business they bocamo indebted to Banja-
min Z. Eckerson Tor royalty IN patonts and for
services to ths hulount Of *7,O00.2t. Yhey also
became iaebtea 70 Ja%ns s ssa Wasss5 y o9. for
lavo oil bpen purchased and are now hold by
Hill. In 1873 Deuolyor diod, lnavtng his aIaird
anba,roHsed, aud RACHEL Dcqotynr aud HelAon
% Dpqolser = we!o ssgsaequsn:ly aypc?;atea a,. sa-
ELI, within two years nttor the'r appointment,
presented bis cfaIms aboyo mentioned, hut
taoy than rstnsH1 I'D t. tSeu pay .he e" ontS aas
Court sgainas i 5ooolyer's eatsto. No inyentory
OF tho estate llas ever been made, but it IL
claimed that tho partnership between the de-
ceased sEd MoClpllaaa was dissolved short inlo
baforo the de4th 81 tho former. Falling e
ii!ed bill! In tic Superior Court setting out the
above facta mud claimlng that McOlolland, the
surviving partner, u hasolVent. and ihat any
Judgment 0Ealust him would DO pnavaillng.
jecr1o sE~.,iat Ds1a"iyars nstase Tor ~ .SsnHI
Of his claims, And that The Representatives. Of
that estate may be compelled 10 pay tlana.
I'LL puE spEGlFln PERFORMANCE.
Daploi y. Wnrnog yesterday f(led bill against
George A. Frcar In Tho United States Circuit
Court to con,nel hun to carry out an agreement.
Warner saya that le made au arrangements with
il Races ausaslsiop f' II tSe i. i Il tnd n. ".
of tho N. i: ot Eco. 20, 70, ", and g take III
I: Il ts :s!s' yss = 9ss' : sS; ssss
made, and tho deeds s,giSed and left In escrow
With J. J. Mcclellan. but vLon it oaue 10 de-
ID &traeF a1od his hl il 10 sampe psstos@Pnses.
GARDNER r. coMB7ork.
In the case OF unrdnor r. Comstock vs. Mayer
/ Con- b,lttilcd last vook: TO prevent the de-
fsnd,SSss f5on Ta sopnt he
mqtion for ipianetlon Was heard before Judge
= A' "sts2 ''i Il: de%ssssE s s!si@sa sF''ss T.
W. entitled to hn iuinns.on sas s
,duld not maize any sottlemon.'of cqsnis asainst
oinn. Judge Williams, however. refancd tue lii
Junction. o. tho ground that tho luleo Of the
board Of Irado Lad provided thAt II should bo
labtor was ip bankruptcy; an1 As lho Board Of
rrado was voluntary association. Coustock bo-
,ame niembor subject to tic ruloH, ana must
" govsrued by them. Mayer. d %. sill, OF
putsp, PROCEED therefore with the complaint b.
gre the Roatq ~. Of Directors:
Auulo D. Thomas complains that her husband,
lilbett i. YhomkB, is sucll couAr1ned adultrr-
rtLAt ghe ias boeu Obliged to lQ&ya him, aud
tays tbps ths separation nay 10 foroyeg. WV
Forty yaara ago Hary pvyio says sue married.
christopher Doyle, but h0 has within tno past
~ yeais gous to tLs bad, and she now charRes
i'm will cruelty, lese'tiou, apa adultery, and
,12ego Dlqmmoeud has left tho city tqr Aealson,
us1rgn STATES coua7s.
D, Il. Warner suud II, !. Whseles for s1,G00.
ssPHs99 e sssy y Sp0a Gilbert r. nd Harriet NJ
Rssss p.;ss,ns 1sssn e oa sui. .seine! p.ns! G.
3oH