Morning journal and courier., 1881-01-17
superior court-civilsiae-Judge Culver.

The Court Record.
 Superior Court-civilside-Jud Culver. BENJAMIN NoYEs' PROTEST
 In the matter of the New Haven Life In- surance companies
 It will be remembered that on Friday last MT. Moves appeared in court and availed himself of the first opportunity to be heard before the Superior Court Judge Culver pre- siding) since the beginning of these insurance suits. After thanking the court he stated that he had @ communication to make, and, being permitted, he read in substance the following
 PROTEST.
 The undersigned, formerly president of the American National Life and Trust company and one of the defendants in this suit, re- spectfully protests to this honorable court against said proceedings for the following reasons:i .s..s
 1st. That said company had parted with all it's assets as a consideration for the reinsuring and assuming of all its liabilities by another company two years or whereabouts before said suit was brought, as would have been shown to said court when said suit was brought if the undersigned had not been kid mapped and detained in another State.
 2d. That said reinsurances and transfers were made on the 22d day of December, 1875, and were communicated to the Secretary of State of the State of Connecticut, as the statute law required, as follows:
 To the Honorable the Secretary of State:
 Notice is hereby given under the provisions of the Statute Laws. that the American National Life and Capital Insurance company, of Washington, D. G. and that said consolidation involved the transfer of all said National Capital Insurance company the 22d day of December, 1875.
 Dated at New Haven, Dec. 18th, 1875.
 President Nat1 Life and Trust O.
 That the subsequent pre- sident of said company and the secretary reported, in lieu of a formal statement, to the Insurance Con- missioner the following:
 REPORT DECEMBER 31, 1875.
 No risks taken during the last year that in the insured by the National Capital Insurance company, of Washington leaving assets in the hands of this naming sbties The s6tieS are for esins iss ps
 R. F. LYON. Secretary.
 JOHN B. ROBERTSON President.
 That said Commissioner of Insurance in- corporated the aforesaid report in his report to the Legislature for the year 1875, on page 1SO, and stated also on the same page that it was simultaneously announced in Washington and New Haven that said trans fer had been made, and upon page 1S1 of his said annual report, he informed the Leg islature that the Washington company, were then engaged in exchanging their policies for the policies of the American Mutual the American National Life and Trust and the National Life Insurance Go. of New York, and [ 59 Legislature accepted of said con- pniC Qud Ra ho printed for the information of all men, That thereafter said American National Life and Trust company disappeared from the insurance companies of this state, and has never since reappeared, and said Insr- rance Commissioner ceased at the close of the year 1875 to exercise, or to claim to ex- ercise, any supervision over it's affairs 3rd. That the respective policy holders in succession, as their premiums became due, ratified said transaction and transfer, by ceasing to pay said New Haven Company and paying their premiums to said Washington | company, and receiving renewal receipts or | new policies therefor.
 l That said notifications were continually re- peated as often as said premiums became due, for period of two years, and all losses during said period which occurred after the 22d day of De- said Washington company.
 | 4th. That neither the present nor any oth- | CT receiver can bring to settlement the com bined a1rairs of the companies they now un- dertake to represent, and enormous waste of money is going onto the advantage only of | himself and associates.
 That the appointment of any receiver was 8 mistake-for want of proper information | to said court-that said companies had been handed down to and were one company, and that said New Haven companies had thereby gone out of existence.
 ! That under present proceedings policy hold CTS are not likely to receive anything-and that said proceedings and expenses have thus far been barren of benefits to policy holders | and will continue
 5th That the Insurance Commissioner of this State also made @ mistake in joining ac- l tion with one Anna Renaldo, of New York, as ! judgment creditor when the policy held by said Renaldo was an insurance by the Nation | al Life Insurance company of New York, | which said company has still $14O, ,0OO or l whereabouts in cash in the State of New York, and said claim should be demanded of that fund, and not of the policy holders funds of either of said New Haven companies
 That if the American Mutual Life Insu- rance company was in fact turned over and I into the American National Life and Trust company, then said old company passed out of existence, and had neither assets nor lia-
 bilities to be administered upon, and is in- l capable of being administered upon. 1 That if the subsequent contract of rein I surance and transfer of the National Life | Insurance company of New York, to the American National Life and Trust company 1 of New Haven, made under the sanction and approval of the Supreme Court of New York, and subsequently ratified by the policy holders of said company was valid; then said New Ha- | ven company was entitled, under said con- | tract, to all of the assets of said New York ! company, including the $14O, ,OOO in cash | which, though ordered by said Supreme | D-..- Il HT
 company, has never been done.
 That if the subsequent contract and trans fer or consolidation of the said New Bayen company with the National Capitol Life In 1 surance company of Washington, as made by and between said two companies, and there after ratified by the policy holders, IS, or was, | valid contract then all of the combined as- sets and liabilities of the aforesaid three ] companies became the assets and liabilities of l said Washington company, which assets and | income were sufficient for full maintenance But if said contracts and payments are not, \ or were not, valid, then the Superior Court | of New York made the first mistake and not l said New Haven companies, and thereby each | of said companies would be required to be set back as they were before and to surren- 1 der moneys already paid dout, and be entitled to the return of policies exchanged in good | faith, and would not be liable for losses | which had intervened, all of which are i'm | possibilities and cannot be done.
 9th. That so far as the directors of said New Haven and said Washington company ! are concerned, they are all gentlemen of the highest responsibility and would gladly CO., ! operate with the courts to marshal under one l jurisdiction and company, as they believe in l law now is done, ,all of the combined assets of the several companies and all of their liabili- ! ties, to the end that all of the policy holders l may be protected in their rights, ninety per | cent. of whom are residents of other States 7th. That the undersigned prays this Hon. orable Court to enquire into the matters herein complained of and protested against, and if found to be true to issue such orders and decrees as shall put an end to the scan dalous suits and allegations now going on and prevent the waste of policy holders'assets and maintain the honor and dignity of the State |