New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-18
IN FAVOR OF THE COMPANIES
THE TOYTINE SYSTEM SUsr ND.
a pncIsroS THAT DisrosHs OF cHAaaaso. FRAUD

THE TONTINE SYSTEM SUST IND
prcIsIoN THAT DIsPJsEs OF CHARGES o. FRAUD
NOT GAMBLING PLA>
When what has been sctioLatey e.. t4a TontiDe
Corn,it.ee dropped down from Al3an. ..l received
comfortable quarters il the Z uabla I'll ling while
tbcv remained here they started in Vi Vrously to in
vesti.a,e VIA; Is known among insurance men as the
Toati,e p'al If INSURANCE. Ibis inyc igaton was
AID on tae theory that Ionne was ro good for the
,v,r-.,, man. It that time yario -ul;s had been
-, o,aiuss the Equitable Lii. Assurance Society
n. Ncv-Y,rk Lille Insurance Company, and the
r,.,ol;tan Lie Insurance Company, all by the same
ott,r,,vs. ii all OF these suits it was charged in
,r.s forms that the TontiDe scheme Of insurance
..iscd by these companies fraudulent; that the
,.ios La made fraudulent representations in their
,,,mnLIc,s and through their agents regarding the
nature Of the scheme that they had failed to carry out
their agreements with their TOniine poicyholders in
various particulars especially in the matter OF invest
II, and accumulating The fund and appOrtioning it
among the Tontine FolicyhOidCrs.
Frames H. Simons. the wife OF Augustus Simons, Of
Broo,lyn brought suit through William Writ
1Iett on these charges against the New York Lite
Insurance Company. Inc corporation through It's
counsel william b. Homblower, demurred on the
r,uud that sufficient facts were not stated TO cOnsu
fute a cause OF action. The demurrer was overrnled
nv Justice Barnard and the General Term ainrmed ms
decson Justice Dykeman writing the opinion, IN
which Justice Cullen concerned. Although tins was
"rIy decision on a technical question of pleading 1t
WIS circulated through the country as judicial con-
dcmnation of the lpuune system Inc company lheTe-
after withdrew the demurrer and put in denial OF the
charges The was then tired on Its merits IN Jan
nary last before Justice C1lcn ana Jury Wheh the
ofnhlets and books were produced and the method OF
Keeping the lontiue accounts was gone INTO: Al the
close OF the testimony Justice Cullen dismissed the
cornplaiut on the ground That the company had COM
nitted no fraud but lad lived up TO its agreements
and representations. IN appeal was laRen by MIS-.
S.mons and this was argued in September last. The
General crm has noS affirmed the Judgment JuSuce
Dykeuan writing the opinion, and justices Barnard
and Pratt concurring. Justice Dykeman examines all
questions at length and holds that the company has
AL v complied IN its dealings with the lOntiue policy
holders with the ations and agreements con-
TONED in the pamphlets and policies, ana has com
litted no fraud or breach of contract. As to the
charge that the V)uune scheme ia system OF
auuhius the Justice declares this total misconccp-
on Of tie scheme and says that 1t is no more gambling
tbau any OF err form Of life insurance.
Sir. Hornhlowor las represented the company
tArouehoat General Tracy appeared as the counsel
1cc Nls. Sllous.
DECIDING AGAINST TIE CABLE COMPANY,
The injunction obtained by tho New York
Cable Railway Company, restraining tho Chambers
Street and Grand street Ferry Railroad Company from
laying tracks on those portions OF Route No O. OF the
Cable Railway Company which roideuticll with rs own
was dissolved yesterday 10y Justice Donohue of the SUI
promo Court, In his decision the Judge says:
NUre than year -lacc the questions now presented
same ~ plai9tls IN tie action AGAINST
ne. Second Avenue Railroad COMPANY. As 81 many
ff- -I (CrI Ter, .nonII nave original uiisdction
s Court gave by an order then made, 20 the plaintiffs
lha opportunity 10 have submitted 10 he General Term
vi,ba p week or ten days OF the orler- then
motion VIII be disposed oil. me uHntH saw Hl HoI 10
te railroad then sousltto be enoined and thus avoided
having tAe question passed upon h3a no d"1nt then
WELL De disposed OBJ. Tic delenJauts have charter aud
Lave the consent OF tie local authorities aud Tie
consent OF tLe pIOpcrty-oWucrs, ana u IS clear
mat ta route is needed and the ocfenlants are binding
both tie city ana propcrty-owner they then may have
the right ID h.d this road ana may or may not a.
Qsblc shall nave the use Of road on TINS route,
The JUG &c says that the Gable company las neither
tie consent of the property owners t4a OF the local
au;Eortcs and is ia way authorized 20 prevent Tie
public benefit that tho rad viii give The questions
presented in the claims Of the Cable company viii need
full consideration by tls General Torn before they are
decided its favor. At present 10 is hardly necessary
TO dispose Of a question taa: may never nec9s'a'Y
arise. lie adds:
i seems to me as tho whole case that the plaintiff
bCwcsa me bubble and their rights In the matter of nav
1ns the ROAD which tho doic1iants are c0u';rcct nr
Motion denied.
CERTAIN THAT he DID NOT MARRY STANLEY.
The scene Of the legal battle going on be-
tween the representatives % Marcus Cicero S,au!cys
voulI5e widows was shift ed to the reception room Of
c Police Jus fee Osborn yesterday. Nj Osborn, whose
active days were passed at tie Iombs Police Court in
melting out hue, lmlHSonmcht anu IeIIm"iu 10 on
StrcperlUs BOVcry boys and members OF the various
picturesque criminal classes that before the war lu-
81 last OGc-huudrel-ant- t"entctI-st. Tho nrsi
stated al various times ID ucr life that she was married
10 Marcus Cicero by Justice Osborn After the
40 tcn the truth. the whole truth and
no hing bn the truth in this case concerning
d
=, Ii, y, t.' Il 1a done t tlousard, of others IN
Ing taken such an important part IN the supposed welt
have married hundreds Of people IN the discharge
OF my duties magistrate and haven't the sl-It;-t
tiemaa caniidl-. a. ie ootei through hi. siec.6owcl
spectacles AZ Mr. Townsend. but distinctly remember
every occasion OF which was enabled TO ala any OF my
friends In getting into matrimouy / knew stanley
Neli' ana u iit ever u"le MN favor OF inaI klnu
coalIu nave forgotten 10 so completely. kne" nm 80
well, IN fact tuat If he had appeared before me with any
there was something crooked about ne trans elton
On the cross-examnation Ar shaer tried 10 shake the
ago with more or less success.
The next hearing in Tie will be before Referee
knevals al II a. NJ ON Monday.
BITS or LEGAL NEWS.
The jury in the case OF the heirs Of George O.
Hoyey against Phelps, Dodge & Co. retired at p IN.
yesterday and having failed to gree at o'clock,
directed - bring I'm q sealed verdict to-day
Caroline Ann aud Ella seaman recovered $40 IN the
City Court from John $. Masegsou, contractor, for
damages to their house AMI furniture a. one hundred
andtwenty -tAri-ot aud FOurtdyo, caused by blast
When William uefery die August. $50. he owned
six lots in Onenundrcd and hith-s, near Icnth-ave
llls WIDOW lritet lielIIe-J5' Few years 4a-er nIIIeu
Charles Elliott AMI began proceedings in The Supreme
Two children of her first marriage. Without their /
knowledge their 1terest the property Was
Justice George g. Il ,r.art to Mr Elliott. VINO mne-
dately conveyed the property 10 Third person, who
fpu pYplif o II