Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-29
THE SUPRE ME COURT
ADJOURNMENT TAKEN UNTIL. NEXT
OCTOBER.
Several Insurance Cases Involving
Important Points Decfded-The
Bankruptcy Laws.


The United States Supreme Court ad-
journed yesterday afternoon for the term,
and will not sit again until next October.
Justice Brewer yesterday afternoon hand
ed down the opinion of the Supreme Court
| In the somewhat celebrated insurance case
brought by the executor of Guy C. Phinrey
| of the state of Washington In the U. S.
circuit court in the district of that state
against the Mutual Life Insurance Com
pany of New York to recover upon a policy
of insurance upon his life amounting to
100000. Phinney had paid the first pre-.
MUM upon his policy and had failed to pay
the second and third premiums dying soon
after the third premium was due. On the
trial the contention was made that the
state statute of New York requiring specific
notice to the insured of the date when a
pre- MUM is due and the place where 1t
could be paid was applicable. The circuit
court ruled in accordance with this con-
tention, and the jury brought in a verdict
asainst the insurance company for s97 900.
The circuit court of appeals for the ninth
circuit dismissed the case on a technicality.
In the opinion handed down yesterday the
Supreme Court declined to decide the qucs-
ton of the applicability of the New York
Insurance laws to the case and disposed Of
it upon the ground that contrary to its de-
cfsion the court of appeals had jurisdiction
A new tria! was ordered. The decision was
in the interest of the insurance company
Several other insurance cases We're decided
by Justice Brewer on the same ground.
Other Insurance Cases.
Justice McKenna also delivered the opin-
ion of the court in two insurance cases.
In one of these, that of the New York Life
Insurance Company against Fannie Cra-
vens, eXecutriX, the case turned upon the
question to whether the laws of Mis-
souri, or those of New York were applica-
bic, the insured residing in Missouri. The
case came to this court from the supreme
court of Missouri where the decision was
favorable to the Missouri laws and to the
plaintiff. The opinion handed down yester-
day affirmed this decision.
Another case was that Of Louisa Banhol-
against the New York Life Insurance
company. the insured residing in Mime
sofa. The contention in this case was that
no notice was received such as the laws of
New York require, but the objection was
overruled in the trial court, and yesterdays
opinion affirmed that ruling. The decision
was thus favorable to the insurance COM
pany.
The bankruptcy Law.
Several cases involving the question of
jurisdiction of the United States district
court under the present bankruptcy law
were decided by the United States Supreme
Court. The decisions in all cases We're
handed down by Justice Gray. In one case,
that of Bardes against the Hawarden, Iowa,
First National Bank. the court held, in re-
ply to questions certified by the United
States district judge for that district
!. The provisions of the second clause OF
section % of the bankrupt act of 1888 con-
troll and limit the jurisdiction of all courts,
including the several district courts of the
United States. over suits brought by trus-
tees in bankruptcy to recover or collect
debts due from third parties. or to set
aside transfers of property to third parties,
alleged to be fraudulent as against cred
itors, including payments in money or
property to preferred creditors.
.. The district court of the United States,
by the proposed Defendants consent, but
not otherwise. entertain jurisdiction over
suits brought by trustees in bankruptcy 10
set aside fraudulent transfers of money Or
property made by the bankrupt to third
parties before the institution of proceed
ings in bankruptcy.
3. The district court for the northern
district of Iowa cannot take jurisdiction
over this suit as it now stands on the rec
ord.
In the case of w. a. Hicks from the cir
cult court of appeals for the sixth circuit
the court held that "a district court has
jurisdiction by the consent of the proposed
defendant, but not otherwise. to maintain a
bill in equity filed by trustee in bank
ruptcy appointed by it, against a fraudu-
lent grantee or transference of the bank
rupt resident In its district, to recover the
property belonging to the estate of the
bankrupt and by him fraudulenty con-
veyed to the defendant.
In the case of C. NJ. White, from the
seventh circuit: The district court sitting
in bankruptcy had jurisdiction by summary
proceeding to compel the return of prop
erty seized. and after an adjudication an
action of replevin in a state court cannot
be commenced and maintained against the
bankrupt to cover property in the posses
sion of and claimed by the bankrupt at the
time of that adjudication. and in the pos
session of a referee in bankruptcy al the
time when the action of replevin is be-
gun"
Rights Of n Land Purchaser.
The court decided the case of Hawley agt
the United States on appeals for the ninth
circuit. The case involved the right of a
purchaser of land, the title of which is be-
ing reviewed by the Secretary of the In
terror The opinion was delivered by JUS
tice Harlan, who held that there could be
no bona fide purchase of land so long as
the title remains in the United States. and
also that the Secretary has jurisdiction
long as the title so remains.
Damage Done by Indians.
In the case of Coralitos Company agt. the
United States, the court decided that the
United States could not be held responsible
for damages done by Indians outside the
limits of the United States. The case arose
out of depredations committed by the
Apaches in Mexico.
Porto Rican Cases.
The court refused to grant the motion Of
Tomas Vasquez, Porto Rican, for leave to
file a petition for writ of certiorari in a
case involving the construction of the cleo
ton laws of that island by the provisional
court.
Among the cases which the court LETT I'M
decided upon its final adjournment was
that Of the quo warranto proceeding of Juan
Vidal and others, who are officers of the
town of Guayama, P. r. The effect is to
leave them in office.
RedeeminE Internal Revenue Stamps.
Commissioner Wilson of the internal rev.
enue bureau has issued regulations carry
ing into effect the act of May Il, 1900, au-