The New York herald., 1876-02-25

WASHINGTON, Feb. % 1915
In the United States Supreme Court to-day the fol-
lowing cases heard:--
No. $50. Mutual Life Insurance Company Of NewYork
VS. JcIres, administrator OF Kennedy-Error to the
Circuit Court for the Eastern District Of Missouri
This an action on policy Of insurance for $40
upon the life Of one Kennedy The defonce was that
In his statement filed with the application he declared
he was SINGLE whereas ho was married. and that he
of temperate habits, when, fact, he dssi.
pated The Court ruled that the declaration was i'm
material TO the nrst point and the second IL
did not follow that because he at subsequent
time dlsspated he was so when the application was
made Judgment being for the plaintiff the company
maintain here that the declarations were untrue
there should be no recovery, and that the judgment
must be reversed. o. H. Palmer Tor plaintiff error;
Chcws 4 Laurie for defendant
No. 100. Cheatham and wife vs., NorYcll-Error 10
the Circuit Court for the Middle District Tennessee
The question in this case is whether when party has
paid an assessment under protest he has six months
under the internal revenue laws from the date of such
payment in which 10 bring his action to IT, or
whether he must bring his suit within months from
the date Of the decision Of the Commissioner Of Inter-
nal Revenue on appeal from tho assessment The
Court below decided that the appeal must be within ak
months from the decision OF the Commissioner, and II
is here contonded that there right OF action
Gil the assessment was exacled, and that II is only
necessary to bring the action within six months from
that date IL insisted that in such where there
is appeal 10 the Commissioner, and the reassess-
mcnt IS made IN conformity with the appeal the act
does not aiix any limit Of time within which the suit
shall bo brought as condition to the right Of acton
as statute OF limitations W. i. II. Cooper
for appellant; Assistant Attorney General Smith for
collector.
NO 162 Morsell ct al vs. First National Bank or
Washing gon-Appca from the Supreme Court Of the DIS
trict1hs was judgment creditors BILL filed by the
bank in Its own behalf and behalf Of such creditors
OF Morse as chose to come in On the trial the Court
ruled that deed OF trust given 10 the Washington CO.
operative Building Association for $40 900
made at the date Of the deed and others TO bo
made In future not TO exceed the Of fl0 900, did
not protect tho association 20 deprive tho bank
and othor Judgment creditors OF priority ofpayment
OF the proceeds OF the property except as 10 the
advanced at the date OF the instrument and for
which 1t had been duly stamped II is here contended
that this ruling was ia and that clause in decd
OF trust for future advances Is valid TO the amount
specified, and that therefore there should have been
recovery for the full amount Of the deed without refer
cnce the amount advanced ut the time OF It's date.
Elliot Johnson for appellants; H. Toiten for appellee.
No. 16L Connections Mutual Life Insurance Com
pany Coverston-Error TO the Circuit Court for the
District OF Kansas.-This action by the wife
upon policy Of Insurance for S50Co upon the life OF
her husband. The defence that tho insured
fraudulcnty took out the policy intending to commit
suicide and thus give 10 his wife the amount Of insur
ance The question upon the sanity or insanity OF
the party when he committed suicide. IL was found
below In favor OF the wo, and the point Of intended
fraud Is here pslstcd upon by tho company. Ciough
& Wheat, for plaintiffs in error; Bentley, Dciord &
Benson for defendant
In the United states Supreme Court TO- day, on mo.
ton Of Mr. W. W. Warren, Samuel W. Creech Jr., Of
Boston admitted 70 practice AZ attorney aud
counsellor OF this Court On motion OF John A. Gar
ned, H. l. Ferr, OF Cleveland, Ohio, was admitted 70
practice an attorney and counsear Of this Court