The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-11
LIFE INSURANCE LITIGATION.

THE SUITS AGAINST TIE GUARDIAN, MUTUAL
AND NORTH AMERICA IN THE KINGS COUNTY
SUPREME couRT-How ONE OF THE PLAIN
TIrPs DIsGusrED HIS COUNSEL LITTLE
TEMPEST WHICH BLEW INTO ADJOURNMENT.
The Kings County Supreme Court was plethorc OF
insurance attorneys yesterday morning when The
motions against the Guardian aud North America Life
Insurance companies we're Sc, for hearing. Judge
uykman VINO has been III for several days rasi, made
special effort 10 be present 10 listen TO these matters
which hac postponed from saturday the Sd inst
The main were the suits OF Beknap vs The
North America Guardian Mutual and Universal CON-
panies ana Henry E. Trema:ne and others vs.. the
Guardian Mutual The orders Of dissolution Obtained
on Thursday by the Attorney General against both the
Guardian and North America served 10 complicate
matters considerable degree and ADDED greatly 20
the legal interest attached TO the proceedings.
There appeared for the plaintiffs Counsel!ors John
:. Hi. and John Townsend; and tor the defendants
Messrs. sewel l. Pierce. Alexander 4 Green, and
A. j. vanGerpoeL Besides these there were present
20 witness the proceedings number OF other attor.
neys, who have borne arms in the present crusade
against lie insurance companies
On Friday last an order had been issued by Justice
Gilbert disconiinuing the suit OF Tremaine vs. the
GUARDIAN Mutual. Mr. NJ. W. Tyler having been substi
tutcd Tor plaintiffs attorney IN place Of Messrs. Red
field l. HILL
When the proceedings we're opened yesterday MI
Hill applied OK pare Tor an order vacating the one Of
discontinuance He stated the GROUNDS tor this app
cation a. some length, reading affidavit made by
himself recitng the ACTON by which c,hor parties than
Trenaine had been made plaintiffs TO the suit. Mr. Hill
alleged in the affidavit that when the paintif. Ire
name, demanded substitution Of counsel deponent
after consulting authority, consented do then con-
suited with his remaining clients and drew up another
bill against the Guardian Mutual which he intended TO
prosecute. Mr.. Hill alleged that waiver OF notice.
incorporating his position, had been signed mis-.
takenly his partner ana upon this the order tor
dlscontinuance had been granted by justice Giioer
The afhdav alleged that such consent OH the part
OF deponent intended 10 have been given that on
the preceding the case had been postponed
in order obtain further merits, and while this was
going on the defendants, attorneys were
preparing scheme oy which the Attorney
General was 10 60 the Fourth Judicial District and
Obtain an order destroying the Guardian Mutual and
companies; that lew days before the Attorney
General had gwen his promise TO opponent that he
should be notified before any such proceeding was
taken that the Superintendent, OF Insurance came TO
| New York on Tuesday last and made technical
! examination OF the Guardian Mutual and North
America companies alter a method prepared Tor him
| bv Henry j. Furoer and others; that the Attorney
| General and attorneys for the defendant aiterward
| TO Schenectady. where they obtained orders Tor
the dissolution OF these companies, without previous
notice 10 any OF those persons, who al the time were
trying save the institutions rom such catastrophe
! continuance be vacated
! SOME SHARP CRITICISMS.
| NJ Pierce asked 20 delay the decision for short
time until Mr. Seweil and others had arrived in court
Mr. Hill suggested that the conduct OF the defence
had not been such warrant much consideration
/ Mr.. Pierce remarked that he was not ready 10 make
answer himself, preierrng 10 wait until the other
| counsel arrived.
al want 10 say right here" exclaimed Mr.. Hill,
vehemently, 'thst IN this Judicial district. where peo-
pie are STRIVING TO save these companies, think the
Judges ought trusted instead OF going 40 miles
| away to destroy the concerns behind the door,"
Mr. Pierce again asked the Court Tor brief post.
ponement OF lis decision
.And another thing want 10 explain" said MI.
| Hi as f1riously as before. "When this action was
commenced thcy said II vexatlous, and have tn
| written apology OF one OF these gentlemen IN my
pocket VINO atterward appeared at Schenectady and
! repeated the accusation in court"
Judge Dykman postponed further action IN the
case until eleven clock, when Messrs Sewei' Green
and Vanderpoel appeared.
Mr. Hill then continued his petition, and read the
! affidavit Of Mr.. Ethebert Belknap. plaintiff in the
| North America SUIT, who alleged that he had ceen
solicited to discontinue his SUIT. without consulting
his attorney, Mr.. Hill. He asked the Court Tor
der 10 SHOW why the previous decree should
DO vacated and II was 30 ordered, rcturnaoe forth.
with.
| READY TO FORGIVE.
While the order show was being prepared,
counsel OH both sides retired BY. themselves and
gagged in eager conversation The result OF these de-
| alterations made known when Mr.. Vanderpocl,
addressing the Court that the counsel tor plant
appeared have some msapprehensiOn as to the facts
the affair, and suggested that weeks adjournment
! might improve the understanding between them.
! Mr. Townsend said that from the conference Just
had he judged there vas something not clearly under
Stood he would be satisfied 10 adjourn the matter
until next saturday.
Mr. Hill announced his consent, graciously remark.
ing that willing his trends should nave OPP
portuniy 10 explain their apparently singular course
OF conduct
Judge Dykman then ordered the whole matter ad-
journed until twelve O'Clock on Saturday next, at
White Plains.