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of the New-York City Insurance Cou pany. Thiscase has occupied the Court since Tuesday last. of March, 1853, the plaintiff. who are well-known in this obtained through an a On the ishers 7th city, New-York insurance City Insurance broker policy of insurance, from the Company for # 10,000 on their stock of materials &c. Subsequently the piaintitle' stock, material, &.c., thus insured, was consumed by hre. The Insurance Company was organized under the act of 1849. for the incorporation of mutual insurance companies. capital f $300,000, consisting in whole of notes. The charter contained a an increase cash capital of ting premium with B nominal by $200,000. provision This cash permit- capital was subscribed and five per cent paid in, the balance to call. The policy issued in this case had crimson stan the shape of a remaining ou it a subject p in seal, containing that printed the words, Capital, $500,000," and it was proven card. were issued containing similar representations as to and that signs were exhibited at and in the office. &c. refused to pay the insurance, on that was used on the premisca. capital, The camphene Company The the platetiff* ground the brought suit. and af er a litigation of nearly even years of decided in their favor. Having issued exeon their it was found to satisfy it. cution funds Court of the Appeals Company judgement that Plaintiff, there therefore were no brought this action against the defendants. as Directors of the to charge them with personal liability for fraudoas to the capital and Much evidence as introduced on part Company lent Company. unlarepresentations solvency the of of the the plaintifia, abowing great attention and research as to facts and authorities on the part of their counsel The defendants moved to disruiss the complaint, on the grounds: 1. That as to the defendants, whose names were not signed to the policy. there was no proof of any knowledge as to the alleged and or omissions If That neither the complaint nor the facts proved constituteda cause of action, the damages proved belo g too remote. III. That the cause of action originated when the alleged were made, been commenced until more than years fraudulent not having representations and that. six the action after, the statute of limitations was a bar. held that as to the defendants Baker, Bell and the e was no proof of fraud, and Clark the President and Chamberiain others. The Court Directors. Secretary, but that as there to was evidence but as to them the statute of limitations was a inssmuch as the cause of action accrued at the date of the not at the of sixty days. for service of proof of loss ou the fire allowed bar, and expiration being company. the time days The plaintiffs were, th refore. non-anited, and a stay of sixty an ed to enable the to make np . case for appeal V. Abbott. and Lewis & for was g Wm. M. Evarte herj James Re W. fi id plaintifie:ex-Judge Dean, Lesi a. Chatfield, Gerard, D. Van Wait and Rice & Hill for the various defendants. SUPREME COURT -CHAMBERS-JUNE 24.-Before Justice BARNARD DECISIONS. Edgerton agt. Kehoe in re Knickerbocker Bank. Orde a granted. Curtis et al egt. David Leavitt, Receiver &c.Order of reletence granted Bruce, jr., egt Heman et als.-Reference to Samuel Jones, erq to like proof of respective allegations. Momer agt. Banson. Notice of motion wanted. Cleveland agt Cross. -Plaintift's papers wanted. Glover age Gray Stewart age McCotter Gray agt Sherwood; Bruce egt. H. A Mart a et. al. -Judgments ordered Lord, Executor & agc. Collis - Motion decied upon the plaintiff. within tea da procuring the undertaking to be amend d upon the at plication and consent of all the obligors, otherwise motion granted with $10 costs. Casey agt. Adams The Supreme Court is bound to enter judg eut on a remittitur from the Court of Appeals It has no authority to interfere with any order of that court. Motion deuied. Salter, jr., agt. Ralph, etc. Motion to open default. I think the damage were not liquidated. The case of 21st New Yo does not coutrolthe present one. Motion granted the and for to to -ports, set aside 20, judgement defendant committed answer. error. No costs to either party, both parties having all Saiter, jr., agt. Rail Motion to stay proceedings until the Marine Court Costs are paid granted $10 costs in re claim of Joseph Blanck ext. Stephen P. Russell, Public confirmed Cusey egt. Adams.- The Special Term has no authority to correct or mouify a judgment of the General Term. Motion denied Sareheld agt Van Vaughener, et al.-Motion granted #0 for as to strike out such part of the complei it conta ned in the 1st and 2d folios as are moved to be stricken out. Balance of the motion denid, each party having succeeded in part, no costs to either. Before Justice CLERKE Henry McQuoid, Receiver 4 John Byers, et al.-Settled. SUPERIOR COURT-TRIAL TERM-JUNE 24.-Before Justice MONCHIKE