The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-26
A PoNDERoUs COMPLAINT.

In Supreme Court, Chambers, yesterday, Corpora
ton Counsel Whitney appeared before Judge Barrett
and moved to dismiss two suits brought by William c.
Rogers ono OF these suits Is to $685. 900 ard
the other SEQ 900 for printing and stationery
the city prior to and during tho Ring" admnistrs.
ton, and are two out 81 SIX suits brought 1872 on
similar claims. They were commenced by tho service
OF summons only, and the complaints therein have
never since been served.
In explanation OF this delay, and opposition to
the motion OF the Corporation Counsel, Mr.. West on
tho part Of plaintiff stated that tho drawing OF tho
complaints was task Of such magnitude that
he shrank from IT, During the term Of o1ico OF Mr..
O'Gorman. aud his successor, Mr.. Smith, counsel
10 the Corporation, he had Understanding with both
that he would be hurried IN the preparation Of his
complaint that, IN tact, when they .snould deem 1t
necessary have II served they would notify him 10
that effect In order that the Court might estimate
me labor which the preparation Of the complaint in
voved counsel stated that there were two or three
cubic feet OF vouchers, which had TO be three times
copied. The claim Tor $323. 900 was made up OF small
bills containing To- 900 items, 10 which attached
300 or 100 schedules When tho complaint IS COM
plcts ana printed, which he expects to be In about
twenty or thirty days. IL Will make three volumes
OF about six inches in thickness Upon thus state OF
facts he asked that The time TO serve the complaint be
extended by the Court.
In reply, Mr.. Whitney said when no came into ofico
he found these suits on its record and nothing I'D
been done therein beyond the service OF summons
His predecessor, Mr.. Smith, had informed him that
no knew OF no arrangement TO delay 10 ng III
complaints But II, sndsr tho circumstances stated
proper 10 grant an extension OF time, he thought II
should be on the condition that hc spulate that the
statute oil limitations shall not against the city q
founter CLAIM. To this counsel Tor he plaintiff
scented in open Court and Judge Barrett extended the
time twenty days. within which no may complete and
serve his unusually ponderous complaint IL was
stated that tho amount involved IN all the six suits
would reach 81, $50 600.
IMPORTANT INSURANCE DECISION.
The suit Of Mary Denson against tho National Capt.
Ia Life Insurance Company was tried and disposed Of
before Judge Curtis and juryin Part OF tho su-
psror Court yesterday. Tho suit important one.
and involves principle which will doubtless govern q
number Of claims similar to that involved The suit
was brought on time policy which mad been originally
taken out in New York company which became In.
solvent. Tho policies were then reinsured In another
company which also went by the board, we're
finally reinsured by the present company. The CON-
pany defended the ground that the reinsurance
the result OF fraud and misrepresentation made 70 II
by the former company, and that on that ground u
had repudiated the policy. IL appeared In testimony,
however, that the present company mad received three
Temiums directly from the plaintiff, ana this, the
Court nelu made the contract under the policy bind.
he plaintiG Tor the full amount $3,7l4 AZ.