The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-04
A Life Insurance Company s
Flimsy Defence.
What Would Puzzle Even a Phila-
delphia Lawyer.
End Of a Long and Holly Con-
tested Insurance Suit.

Court of Common Pleas. Accompanying nearly every
decision was written opinion, more or less volumi.
NOUS but OF tho real points Of interest in nearly
all the have been pretty well exhausted through
their publication pending trials In the lower
Below is given an epi,ome, however, Of the moro i'm
portant opinions
Tho story OF the arrest Of Conrad Meyer, liquor
dealer At his saloon by officers OF the Thirty third
police precinct, ami his Imprisonment at tho station
house in, tho complaint alleges, "a dark, cold and
namp CELL without food drink OF any kind, Tor the
space OF fourteen hours fully given the time
The HERALD. Selling liquor without license was
the charge upon which the arrest was made.
Subsequently the officers making the arrest
held to bail in 81, 900 each a charge of false
imprisonment motion to vacate the order OF arrest
was denied, but the bail was reduced From this or
der appeal taken 10 the Superior Court, General
Term, which tribunal airms the order. lengthy
opinion the has been written by Chief Justice
Mcneil. He holds that II the had been made
when the offence charged was committed would have
been proper and legal that could not be made prop
erly anerward without warrant After deprecatng
and condemnng tho practice Of using official power
where the law does not confer it he says tina, lhe lib
ery OF the citizen is too sacred TO be lightly
essiy nterered WITH and the officers OF police, how
necessary aud valuable they may be
Tors Of order and in the enforcement OF law must keep
themselves within the limit oil the Law and not assume
functions unless given in the law
The wife OF Lucas Thompson pending divorce suit
purchased some goods ut Lord Tsyors, which were
charged TO tho husband and payment OF which he
refused In the lower court suit brought against tho
husband to enforce payment OF The bill dismissed
The Superior Court, General Term Judge Mcneil writ
3ng the opinion, reverses this judgment and orders
trial The Court holds tina, the divorce SUIT did
not bar the husband from liability that she still
Tor her use, which her husband had neglected
fused to pay Tor, imposed on him the obligation OF
Stephen B. Brogcn an attorney, sued for services As
attorney and Tor portion OF the reward offered Tor
the part recovery OF the sl,520,0Gb worth OF bonds
stolen from the office OF the late Rufus J. Lord, in Ex
change place. verdict rendered IN his favor from
which the defendants, the executors OF Mr. Lord, APP
pcacd- In It's decision the opinion being written by
Judge Sedgwck, the Court aflirms tho judgment
The Court afhrms tho judgment given III favor OF
James Plunkctt by guardian IN the suit against APP
peton Co, Tor damages account OF injuries
tanned from an elevator IN the defendants bindory.
The Judgment is also affirmed in the suit OF the Stafford
Pavement Company against Joseph A. honhcmcr-a
that has already been too frequently reported tn
need any iurhcr recital OF the facts. In the old suit
oil James Walter Bownc against ex-Sherf OBrien,
the judgment is reversed and trial granted.
Tho leading case af interest decided in the Common
charge tho rccoenizancc OF William J. Florence as
surety for Thomas {. Fields The motion is denied.
Judge j. T. paiy who writes the opinion, says that the
iapcrs disclnsc y hare against Mr. Florence, but
he considers III. application premature inasmuch
NJ Yields has not been produced in court or stood
trta acquitted, nollo proscqui
against 1m The magnitude OF tho obligation
nssuncd Ivy ,hc pondsmcn, the freedom oil the latter
from completely IN ficds flight ana the vain effort to
hnd and arrest him not TO be considered in tho
case, hut SIMPLY the rights OF the people, the
being. IN ms view, not ono OF sympathy but one Of
substantial right On these grounds the judgment
sntoTed upon tie rccognzancc Is affirmed.
Another important decision is that IN which the
Titled 70 receive over SIS, 90 salary The decision 10
this effect In the suit brought by Peter Mctiinnis
balance OF salary claimed to be due for services
police magistrate. In tue SUIT brought by James
Wood against The city the Court decided that
Miachc IN the public administrators oflcc in order
be entitled salary must received his appointment
and the salary be liked by the Corporation Counsel
The Court likewise affirmed the Judgment In the curl
Gus cabbage case affirming the judgment for damages
rendered IN the court below Tor furnishing different
kind of seed IRON that ordered and supposed to have
been furnished. The kind OF seed bought failed TO
produce cabbage that would come TO head 80 that
The cabbage culiurer made but lutte Roadway In his
cabbage speculation although he has made pretty good
Roadway IN his present suit
LIFE INSURANCE COMPANY SUIT.
In decision given yesterday by Judge Van Brunt
upon heard before him the Special Term OF
ths Court Of Common Pleas he gives pretty severe
rap at the nimsy dcfcnces often ntcrposcd by life
surancc companies in suits brought against them
recover upon lilo policies. The In question Is =
suit brought by Catherine Riley against the Security
Lilo Insurance Company TO recover upon n policy OF
Insurance upon the HE OF her husband Among somo
hundred printed nterrogatorics required to be
~ 'ne Cor anx or nv yoa
seven years. and, u state the particularsr The
husband OF Mrs Riley answered this question neg
ptiveiy. Amer putting in thor answer TO the
plant the company, upon Interviewing the family
physician OF the deceased discovered that ABOUT i've
Years before the latter put in his application
such physician had gwen him some mcdicnc
Tor sight cold Upon discovering this fact the in
surance COMPANY moved for permission 10 amend their
answer In denying the motion Judge Van Brunt,
aItcr rcetng the facts OF the stated winds up
his decision follows There not the slightest pre-
the part OF Riley that the TACT that he had taken ed
cold phi would have affected the
be claimed that there technical violation OF
the warranty IL would be the grosscst injustice to
allow the defendant 10 escape from It's just obligations
because nj the time OF his Application 10 be insured tho
applicant had forgotten that he had taken pull i've
years before 10 has boon claimed that Insurance
company never insure q verdict from jury, and
when insurance companies attempting to escape
IRON their just oblgat BY the Introduction OF de-
fences entirely without merit not surprising that
their uccnccs not regarded with favor ny lurics
A LAWYER NONPLUSSED.
Joseph Il Dclgado. a physician. but who at times
has been dealer IN merchandise, an attendant in a
cigar and bartender sued Aonzo Taylor TO re-.
s5s2 Tor medical attendance alleged TO have been
rendered in the defendants family, with his consent
aua approval Tho defendant In his answer not only
denied his liability tor the debt the value OF the
services, but set up counter claim Tor money alleged
due him by plalnt;n Tor board amounting to over
$500 To this answer no reply was pm, IN, ard when
the for trial IN the Marine Court ycstcr.
day before Chief Justice shea and = Jury, the only
question discussed and en- which testimony was gwen
was TO defendants liability and the
value of> plaintiffs services. In charging
inc Jury Judge shea instructed them
that only question for them To- TX the value OF
plaintiffs services, and having done that they should
deduct the IRON the defendants counter clam
aud give verdict the aitcr's favor Tor tho balance
This seemed to take plaintiffs counsel by SURPRISE nc
having proceeded on the theory mat dcicnaant was
bound to testimony TO the counter claim THIS
the held 10 have boon unnecessary, the counter
claim having been admitted by the failure OF tho PLAIN
AIMS lawyer to put In reply. Tho stu astonished
lawyer said read the code otherwise, and asked
that nc m rhi then have the opportunity 10 put
reply but was informed by the Court that hts appca
ton came TOO late Counsel took exception TO the
Courts ruling, and the jury found IN iavor OF defend
ant Tor $sso.
ARMS FOR MEXICAN LIBERALS.
Al icngth after over a months trial before Judge
Sanford, OF the Superior Court, was concluded yestcr
day the trial the suit brought BY Funckc, assignee
General sturm, against the New York Mutual Insur