, 1877-08-12


Judge Williams Was occupied yesterday morn
ing in hearing several motions in the case Of tI
Protection Life-nsurance. The first was mo
tion GU the part Of W. q. Osgood that the Re
ceiyer be ordered to rcdeliyer to the Sheriff tn,
personal property Of the Company, which tn.
latter had seized on IN execution for S10 QUO il
his fOsgood's) favor.
Mr.. Sherman objected That he had not had an
opportunity to see the petition before amy order
! was asked on it, and, after short discussion
the petition was handed over to Mr.. Sherman.
| THE AUGUST ASSESSMENTS.
! The latter then read petition Of the Re
| ceiver, Mr.. Cooke, stating TINT he was engaged
| in making full inventory Of the Company Is
property. On the 5th inst. the officers Of the
| Company Issued their usual notices Of assess
! mcnts for death losses for the preceding month.
He understood the assessments were properly
made for losses previously accrued, anu on
proofs Of death filed with the Company. The
Receiver therefore asked whether he was to col
lect the assessment as previously made, or
whether he Should annul it.
Mr.. Sherman then went on to explain the
peculiar method OF insurance Of the
Company, aud showed specimens Of the
assessment notices. Ho also made a
the Sheritf's possession, admitting that the
Sheriff had made levy and put custodian 1T
possession previous to tile appointment Of
Receiver When tue Receiver took possession,
EOstES5lQns
the next morning claiming be had control Of
Tie Company's Office. Mr. Sherman further
stated that he did not wish to raise the question
US to whether Osgool had q lien or not, but de-
slfca TO know whether the Sheriff was entitled
to remain in charge, or whether both the Re-
celYer and Sheriff were to both keep possession.
Mr.. Windcs, on behalf of Dr.. Osgood, asked
70 nave the matter postponed until Mr. Hardy,
the senior counsel, should have an opportunity
Mr.. Anderson appeared for the Sheriff and
opposed delay HI suid the matter was verv
simple, and he thought all rights would be pre-
served II an order was made directing the Slier-
III to surrender possession to the Receiver, sub
eeiver would not dcuy that the custodian had
been in charge Of the office as late as O'Clock
OF the day the Receiver took possession. nor
cou!u the Sheriff deny that the Receiver had
lawfully taken control OF tie Office. The Court
could make an order which would protect all
interests.
Mr.. Constantine, who also appeared for Os-
goou- WIS opposed to having the Sheriff sur
render possession, or to the entry Of any order.
at that time which would prejudice Osgood's
rights. lie also advocated postponinE the mat
ter i'll the hope that the parties might in the
meantime came to some anlicable arrangement.
A long discussion followed among the attor-
neys, during which time the Judge employed |
Sherman finally filed short petition on behalf
from interfering with the Receivers |
possession Of the Coinpany's office.
J9dge Williams then remarked that be had |
no doubt but that the Court had right to re- /
1uire the Sheriff to deliver possession to the /
Receiver, and had also abundant power to pro-
.cct the lien when the property was in The
lands Of the Receiver just as well as
t could protect it when the
Sheriff had possession. That ought to be done
It once, for Osgood could do nothing now. His !
nit had been appealed. and he could not ro an
nth bis levy without getting III CONTEMPT to
be supreme Court. It would be great oat-
age to allow him to tie rp all the other credit
RS Tor year or go just because bis hands were
'edA* Ihe only question was whether au5vars |