property so conveyed as abovementioned by said Charles Henry Hall to the said plaintiff, who then, still continuing to have full confidence in the ability and integrity of said Robert L. Reade, intrusted him with the care and management and sale of the same.

That, under such authority so intrusted to him, sales were from time to time made to different persons, as represented by him to the said plaintiff, and reported by him, the said Robert L. Reade, to the said plaintiff for his action thereon, and instead of the said plaintiff making the conveyances direct to the purchasers, he did, on the suggestion of the said Robert L. Reade, make the conveyances to him, the said Robert L. Reade, not on a sale to him, and no money being received from said Reade at any time as the consideration of said deeds, but for him, the said Robert L. Reade, for reasons suggested by himself, to convey the lots so sold over to the purchasers, under the authority so intrusted to him. That the said sales were mostly on credit, the purchase money being generally secured by bond and mortgage on the premises, and sometimes on additional lots, where no part or where only a small part of the purchase money was paid down on the sale, as represented by said Robert L. Reade to the said plaintiff. And as it was also represented by him that money was required to pay assessments on the property, which was rapidly improving, and as the said plaintiff was well aware such assessments and taxes and necessary improvements were frequently and unavoidably requiring considerable sums and amounts to be paid and advanced, it was deemed best, for the covenience of the said Robert L. Reade as well as the said plaintiff, that the bonds and mortgages taken on such sales should be taken in the name of said Robert L. Reade, for which he would of course be accountable as effectually to all intents and

purposes as if taken in the name of the said plaintiff and delivered over to him, and, it was believed, with much less inconvenience, in case it should be necessary to raise money by transfer, assignment or otherwise, to which arrangement the said plaintiff, having full confidence in said Robert L. Reade, without hesitation assented.

[The complaint here sets forth various other transactions, conveyances, records, correspondences, &c., tending to establish the beneficial interest of the plaintiff in the property, and that deceased had no interest therein other than as agent or trustee.]

And the said plaintiff further shows, that said Robert L. Reade has not settled with and accounted for and paid over to him the rents, profits, interest and avails of the said property, or any part thereof, he frequently giving the said plaintiff to understand that he would satisfactorily arrange and account for said trust and his management of the same, but which he delayed until his decease rendered the same impossible. And said plaintiff did not compel said accounting, because he hoped said Robert L. Reade would, in some way and time agreeable to himself and just to the plaintiff, voluntarily render the same, and because, also, much of the said real estate was still undisposed of, and was being managed by him with care, skill and prudence, and also because the records before referred to, and the correspondence of said Reade, together furnished complete evidence of the said trust to be used and resorted to at any time when the interest of the parties required the same, and for other reasons deemed at present unnecessary to state.

And the said plaintiff further shows, that the sole executor named in said will is said Robert Reade, who, as plaintiff believes, is about 30 years of age, residing at Binghamton, in the county of Broome, who has little or

no property except what he may derive from this estate, and which must depend upon the contingent and uncertain event if any may remain after the aforesaid accounting. That said testator was never married, but lived and died a bachelor. That the defendant, named in said will as Robert Reade, is not the lawful son and heir-at-law of the said testator, but was brought up and educated under the name of Crawford, and was recognized and introduced by said testator as his nephew, and never openly and generally acknowledged as his son, and that he has not assumed the name of Reade until within about six years past. That the assets and effects of said estate, as the said plaintiff is informed and believes, which may come into the hands of said Robert Reade under said will, including said trust fund, will exceed $100,000; and that the said plaintiff has reason to and does apprehend that if such an amount of money, convertible assets, securities and property should come into the hands of the said defendant, without any restraint upon his conveying the same, or of removing beyond the jurisdiction of this court, that said plaintiff would be remediless in the premises.

The said plaintiff therefore prays that discovery may be made of all the papers, books, accounts, correspondence, letters, deeds, mortgages and securities of the said Robert L. Reade, in the possession and under the control of said Robert Reade, as legatee, devisee, executor or otherwise, and that the same may, under the direction of this court, be delivered over to a receiver, who the said plaintiff prays may be appointed by this court, with the usual power to hold, manage and control the estate and assets of said Robert L. Reade, pending the account to be taken in the premises, he giving such security as the court may direct; and also that an account may be rendered and taken of the trust of said Robert L. Reade in respect to the property and

estate of said plaintiff so managed by said trustee, as hereinbefore set forth, and of the rents, profits, income, value and interest thereof, and all lots, parcels and tracts of land, of which he died seized, belonging originally to said trust, or taken as security for the purchase money thereof, or repurchased by said Robert L. Reade in part payment of the same, may be decreed to belong to the said plaintiff; and that all securities, bonds, mortgages, stocks and other personal assets, arising out of or connected with said trust, as the proceeds thereof, may in like manner be decreed to belong to the said plaintiff, and that said Robert Reade, or such other person as may qualify on said will, may be decreed to assign and transfer the same. And also that a full account of the management of said trust and of all matters relating thereto being taken, and the amount ascertained to be justly due the plaintiff, over and above all taxes, charges and disbursements paid by said Robert L. Reade in respect to the same, payment and satisfaction of such balance may be decreed out of the general estate and property of said testator. And in the mean time, and until a receiver be appointed to hold said property, that an injunction may issue out of this court prohibiting and restraining the said Robert Reade from selling, conveying, mortgaging, or in any way incumbering or disposing of any real estate standing and being in the name of said Robert L. Reade at the time of his decease, and also from selling, disposing, assigning or transferring, or in any way meddling with, the bonds, mortgages, stocks securities, and other personal assets, belonging to the estate of said Robert L. Reade, deceased.

And that the said plaintiff may have such other and such further relief in the premises as may be just and equitable, and as this court may direct.

THOMPSON & WEEKS,

Plaintiff's Attorneys.

(No. 78.)

Against an insurance company which, by its agent, had agreed to effect an insurance, but before doing so loss had occurred; praying relief in the alternative that defendant pay the loss or be compelled to execute a policy pursuant to its agreement.

SUPREME COURT-RENSSELAER COUNTY.

Theodore N. Davison
agt.

The Utica Live Stock Insurance Company.

The plaintiff abovenamed, complaining of the said defendants, says, that the said defendants are, and on the 20th day of May, 1854, were, a corporation, created under and by virtue of the laws of this state, for the purpose of effecting and with power to effect insurances (among other things) upon live stock. That the said defendants located their place of business at Utica, in the county of Oneida, and at the times aforesaid were engaged in the aforesaid insurance business. That Asa B. Cleveland, at the said times, was the duly authorized agent of the said defendants, at the city of Troy, in the said county of Rensselaer, to receive, on the behalf of the said defendants, applications for insurance, and to issue certificates of the character hereinafter mentioned, and to fix and receive premiums upon such applications for insurance, and was so duly authorized as the general agent of the said defendants, at the city of Troy aforesaid, to effect insurance for the said defendants, to receive proofs of and adjust losses, and to do and perform, at said locality, all such matters and things as were requisite in the conduct of the said business of the said defendants. That on the said 20th day of