New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-09
DECISIONS ON APPEAL.
RIG BATCH OF OPINIONS HANDED
DOWN IN ALBANY.
ONE OF THEM INVOLVES QUESTIONS OF lNioi'
LANCE TO HOLDERS OF INSURANCE POLICIES


LANCE TO HOLDERS OF INSURANCE POLICIES
AND is FAVORABLE TO PERSONS
LIVING IN THIS STATE
Albany Oct. s.-A decision of importance 10 "o'u-
ers of insurance policies was handed oo"h ,o-""s
by the Court of Appeals. in the case OF the feope
of the State Of New York against the American
Steam boiler Insurance Company, OF New-lor IiF
The insurance company named. was, by judgment
Of the court, dissolved. and receiver was APP
pointed. The company had a deposit OF sooV'
with the Superintendent OF Insurance OF TINS state
as security for the protection Of pocy-hoiders an"
the receiver Of the company applied for ana oo-
taned an order directing the transfer to him OF the
interest collected the 100000 OF securities ce-
posted with the Insurance Department Inc ofue'
was affirmed by the General Term First Depart
ment the Court holding that the securities as Wen
as the Interest; should be transferred 10 me receiver
under the amendment 20 the Insurance law pas'el
In 1892 The Court OF Appeals to-day handed down
a decision reversing the order of the General ana
Special Terms and denied the application oil me
receiver.
Ths decision preserves the trus, in the State
Superintendent OF Insurance and the securities VIII
be held for the benefit and protection OF poIcy
holders in this State. Several cases OF IKE nature
depended upon this decision
The Court of Appeals affirmed. with costs. the
judgment OF the lower court In the case o! E'"u
s Stokes against John w Mackay and ano'hes
sppellants This was an appeal from the decision
OF the lower court. involving about &OtN. MacNay
and De Castro appealed from the decision OF the
lower court declaring them judgment debtors o
that amount The suit was FOR the value OF GER
tain shares of stock owned 10y the plaintiff. IN the
Commercial Lines Telegraph. and which were taken
from the plaintiffs possession Tho decision IN ''e
case awarded the fun amount claimed.
The following decisions were also HANDED down
to-day in the Court Of Appeals
j. Van Camp agt L F. scarle and another. aP-
st4U ant
priority payment out Of the fund 10 the hoaer OF
the Kelsey Judgment affirmed; that part OF 3oIs o
ment when awards payment OFT OF the tuna OF the
Brown judgment reversed; without costs 10 ei'her
People * re- Onondaea Savings Bank APP
pellant, agt James Butler.-Orders OF courts peioW
Judgment ordered them. granting a peremptory
writ of mandamus as prayed for, with costs against
EveIena Dunning ag;. +. F. Dunnng and another.
appellants Edwin Glories and others, aPpe,ian IS
and another. appellants. ACT Fourth National Bank
and others Ella d. George, appellant, agt. Josephine
The MsyOT c,e ' Of Sew:5orR May Ensign appel
liant agt n Jarvn. j., and another; The Pe9p.e
Francis +. Williams agt. United States Accident
Association. Observation-Disclosures ahlrmed' WIN
People agt Thomas Larrigan. appellant-Judg
David Mcclure agt. l.. p. Levy. appellant -Judg-
ment and order appealed from affirmed. with costs
bell and others; f. Holmes agt Gilbert Jones treas
urer, appellant.-ludgment reversed. new trial
In re- application Of estate Of John b seaman,
order of General Term reversed and judgment of
Special Term affirmed, with costs ,-.
tory Judgment reversed and the demurrer sustained
with costs.
In application of p. J. Garvey to strike from
costs. and affirmed Master Gunnel and far1-
ley. with costs
as & rsEr% ad aGf ESa aaS
lanis-respcnden Judgment affirmed without cost
10 either party.
Elizabeth G Hughes appellant ag,. the County of
ment absolute ordered for ;he defendant dismissng
the complaint its merits. with costs TO Defendants
In a courts.
People ex rel Hecker ETC. Company. appellant,
Observation-Disclosures Of General Term and Speech
Term in relation to assessment Of 1873 affirmed:
with costs ana those N regard TO the assessment OF
1884 reversed. and the defendants directed 70 make
new assessment In conformity 10 the facts ana 10
the views set forth in the opinion written by Judge
Peckham.
A H. Shepard agi Metropolitan Elevated Raj
way Company defendant; Western Union Telegraph
Company. appel.ant.-Order affirmed. with costs, on
the authority OF Peg.am agt New-Nork Elevated
Railway Company and another. - -
John Cunningham, appellant. agt Wi'.iam T.
Davenport-Order and judgnen reversed, with costs
plaintiff in all coLrts
nedy. Judgment affirmed. with costs-Opinion by
Chief Judge Andrews Al concur. except Judge
Bartlett who dissents on the ground that II Is not
lroper for officer Of CORPORATION, making a
written statement OF its Indebtedness TO pro-
posed purchaser OF its stock. omit iherefrom the
amount involved in pending action against the com
pany. for the reason that he Is Of the opinion mat
!, will not be he'd In the hna. Judgment that 1t is
the manifest duty of such officer to inform the
7osed purchaser of sock Of the existence Of his
fraud Judge Peckham did not vote
Nos 25s. 257. 25s 26 2s2 2ss, 266 and 2c7.