The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-11
THE LIFE INsUR4NCB SUITS.
Counsellor nm Dcnouncing the Settlement OF
the Case Against the Guardiun.

There were a number OF insurance motions
rcturnablc before Judge Dykman in Brooklyn
yesterday. and the discussion on them was
opened by John l.. Hill. who moved for an order
to show cause why the order entered by Judge
Gilbert in the suit OF Henry T.. Tremaino
against the Guardian Life Insurance Company,
disseminating the action. should not be set aside
on the ground of fraudulent settlement.
Mr.. Hill presented an affidavit reciting that on
Saturday last he appeared counsel for the
plaintiff in the suit against the Guardian COM
pany. ready 10 press a motion for receiver for
the company; that tho company's coun-
sci obtained an adjournment to argue
the motion yesterday. on its merits. promising
and stipuating that nothing should be done in
the mean time TO disturb the status OF tho com
panies that on "Wednesday last tho plaintiff
told him that he about 10 settle the suit
against the GUARDIAN as he had received fine
offer. and that Mr. Hill declined to discontinue
the action, because Of the interests Of other
policy holders involved On the same day he
entered an order admitting Mr.. Wheclock and
Mr.. dGis6cek t2 ,Earti,pate in c the saIt
the North America. Henry ]. Furber. and
tho other defendants wero arranging
scheme by which tho ACKNOWLEDGEMENT was
supreme Court and procure a Judgment
destroying the companies. while the object Of
u possible. On Tuesday last the Stgtc Super
intendent Of Insurance visited the companies.
rs Henry j. furbDr and the other defendants
had previously arranged that he should do. and
gave II certificate on which the defendants
counsel got an order. returnable in Schencctady.
To- show cause why the companies should not be
dissolved. On Friday an order providing for
receiver was entered without any notice to
| any one who was trying to save the companies.
Mr. II II denied that he had voluntarily allowed
| the substitution VI other attorneys. His partner
| had signed paper in his absence imagining it
| the usual waiver Of AN eight days notice. JUS
| tice Dykman granted the order 10 show cause
and mndc Il returnable ut once, so that the argu-
fNlsita Al la
The order obtained in Schenectady was in
tended To- render all proceedings Yesterday I'M
possible, but as soon as Mr. S,woll Mr.. Wander
| porl, ana oihcr counsel arrived, Mr. nm in.
| sisted on having his motion heard He said
| mat when inc suns w"r. begun they were char
acferiled as veNaiious, but the man who spoke
| the words had subsequently, written an apology
Nevertheless the sandgr wgs used To some pur-
| pose IN Sch"n"ctady. MI. HUI read an unidnvt
| made hy EtholhDrt h lknHp. the plaintiff,
| in the suit against the North America. that AN
! offer had been made To him 10 buy his policy
| for a large amount. and assign his interest in
| the suit without the knowledge Of his couns
II that was not Il clean mt 10 induce him Ia sell
| out. the speaker would like know what II was.
OF the close Of which ST.. vandcrpocl said Mr..
! II unprecedented some of the facts. and was
willing that the motion should stand over for II
week. A. II receiver had boon appointed for
| the companies no one would be preJudircd. and
! he thought h. could satisfy Mr. hin that moth
Ing had been done designed 10 prejudice his
The further hearing was adjourned until next
! Saturday at White Plains.
The a'tion of the Acknowledgement in this
! matter was based on an investigation of tn"
assets OF the North America. Guardian. New
! York state Life Widows and Orphans and Re-
| serve Mutual. nade ON Wednesday last 10y Su-
! pcrntendent Smyth and his deputy. John 4.
! Mccall. Jr This Investigation of the asset, Of
! the five companies lasted at the out-id" not
! more than two hours The truth Of the matter
! il that Mr.. II. j. Furher. fearing the appoint
mont of a r'cciVer ho-tll" tp his inter, sis, in
! vited Mr.. Smith and Mr.. Mccall TO examine the
| companies IN all of which he holds Office. When
| these gentlemen called statement Of the ns-
-ets-prnpar"d. II il ASST rted. by Mr.. Furhcr and
| his counsel. Scwell 4 Piorcc-was pre-
scented Ia them. This statement showed
all the a oye-namcl companies to bo iu-
solvent Their counsel stated that 40 oppn. =
,on would be made 10 tho appointment
81 a receiver. provided the Application WIS mad"
! at once THROUGH the Auornoy-Go neral. Mr..
| Sniyil and his Il spuiy ut ONO Proceeded 20
| Albany, al lail the statement before tie Ntor-
| ncy-'i"n 'ril' Apiliott. on wgs at ono" made 10y
! him b. Judge Len alou of Srll'ne 'tudy Tor the
| appointment 81 u receiver. IN" ord r 10 tn"
| defendants t. show Cause WIS granted, return
able the Same day. According To promise. no
appearance was put in and Judge LangdQn
! made the order final. Al the suggestion of the
Auorney-Gencral Mr.. Henry H. Porson Of
| Albany was appointed receiver. and in order tO
| have no delay the amount of hs bonds were
liked ut the nominal sum of slJO, 900, though lac
takes possession Of several million dollars vi
| assets.