The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22
LIFE INSURANCE TRIALS.

WEIGHING THE EFTEcTs OF JUDGE GILBERr's
CONTINENTAL oRDER-THE BONDS AND MORT
CAGES GIVEN TO THE NEW JERSEY MUTUAL
TO BE DELIVERED TO THE RECEIVER.
The order OF Judge Gilbert again dissolving tho
Continental ghost which published in yesterdays
HERALD formed the subject OF much animated dis
cussion among those who interested in tho ltiga
tion. With majority the order created the impression
that tho Attorney General had abandoned his issue
with the company, and that the Brooklyn proceedings
would stand unquestoned and unopposed. Better
authority however, contradctcd this theory, and II
was asserted That the Attorney General had simply
ignored the papers making tho State party defend
ant, the manner as he has Ignored the former
proceedings before the Brooklyn court Judge GIL
bcrts order, In this Wow OF the case, becomes
simply OF importance whatever so tar as tho ISSUE
with the Attorney General Is concerned That officer
has undertaken 10 overurn the decisions OF the Brook
Ign court aud II Is confidently expected That he will
himself assume charge OF tho case and for tho sake
Of the principle al stake force the question TO AL issue
In January last Messrs. Fullerton Knox and Crosby
began SUIT In behalf Of the Continental receiver, 10
recover from the New Jersey Mutual 800 worth Of
bonds and mortgages amounting to $l02, 900, before
delivering which TO the receiver OF tho Continental he
asked TO be protected bv order IRON the Court On
Monday last petition was served upon John l.. An.
derson and William Fullerton, which roturnabIe
peared and an order was granted directing that the
securities mentioned be delivered to Receiver Grace.
IL has not been possible TO serve the papers on
Luther W. Frost the civil suits brought by the re-
ceivcr: and request was received yesterday from
Mrs Frost that the papers be served on her
Regina Hlrsch has recovered judgment for
"a against the Continental Life Insurance Com
papy. The Judgment was yesterday filed III tho Court
OF Common Pleas. The suit was brought TO recover
on policy.
THE SECURITY LIFE INSURANCE COMPANY.
The husband orMrs Rebecca L. Miller died tho oath
OF November last having policy for SO, 900 on is life
In the Security Life Insurance and Annuity Company
Mrs. Miller petitions the Court to be paid IN full
the amount OF such policy out of the assets Of the COM
pany in the possession ofthe receiver This claim
based the that he died before the company
declared insoveDt The matter came up Tor argument
yesterday before Judge Donohue, In Supreme Court,
Chambers, a motion growing cut Of the above ap-
pcaton for order directing the receiver TO pay all
death losses prior to any other claims Tho motion
was strenuously urged by Messrs. Booth and Sewali
Judge Donohue expressed q doubt whether the case
could be brought properly before the Court in this
way, but suggested that II would DO better probably
matter.
Mr. Cole who appeared Tor the Receiver stated that
there $780, 0OO In tho atters hands, and that all
he desired 10 pay the money to those to
whom II rghtiully belonged
Mr. Barnes who appeared for the company, insisted
that there was no difference between tho class pur-
posed 10 be embraced under the motion and surren-
dered values OF equity policies He urged that there
should be privilege shown 10 one class that should
not be shown to another.
After some further discussion Judge Donohuc took
the papers