The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-23

IMPORTANT DECISIONS.

IMPORTANT DECISIONS.
Before hon JUDGES Mitchell P ~, Roosevelt and
Cierke'
We have already published abstracts Of the last deci-
~;.c. ~ ,,,. ror~t h,,. a.. s.,,o,,r - =. L..
''e'' y ~ ~. ~ 'SASe - - '1"s'e1s -
portance to give in detail:--
INTERESTING OPINION ON A sIyrr FOR Auoyr,T or
LIFE INSURANCE POLICY
Ctypxr Rrekbe, aonrisf Un;,ed Snfes y..mno.c.
.4nrxifv and rxn Compcmv-John @ Buckbee the h~s-
hand 81 the painti6 insured his life With the sfsndarts
in The sum ~ one thousand aoI,.rs r ths heaat ~ ~
wife The premium Of ten dollars ouarterv vas 10 he
maid In Advance the lrst pavment nm she io,h H.rch
5S5I when The nory vas srecntad. n VS. nrov;ds;
that In Gaze the premiums 1ould not Ia Maid on The
ns;asS tSst X r,;sv ho~% \. 1 Ht 'ns uys
Use n NAV he rerexsa NJ snv TINA On yhe
of stsfac. sv;,ance a. ~ tka haa,,h ~ * ;s
and payment in fuli for back premiums with in,crest
min.t tom nv . medical r,am;nar NJ ths .nnvr,
Iat the errensa ~ The insrres ha;n IN al
HE xhen thirty dsys shai s va n,rea Tra @
m,nn,s we're NOT censray maid On The AL o vh;.n x
fell due nrobablS NOT in anv instanceat ali evan nv,
in more than one OF the four the Grst which
was payabis on the 10th March 1851 was not maid until
thc lh Anr the second na ahie IN the I0th f,ra
not Maid until the 1"th Juv and il Is not n th
wh,n the third WAS Maid HE forrtb andia, M ny
the 10th Dec WAS maid on the isth Bucbes as o III
10Th Ian Is5o ha rnr snaed f MIN" S J ,, On me
berculous disease az the stomach aad liver witch
terminated in his death. He was, therefore far sd
yanced In the disease al the time the last nremnm
pscd in Of the Of the %sY nrs
accompanying and forming part Of the policy to dis
close the ssis O he, husssnas health At The lime ana
void !, Vii ba horne H. MIND that IN a una -
after the original application il accented and tho con-
pocy whatever NAV hammer to the health az Inc mar
son whose life il insured provided the red committees
with the conditions of the contract SO that If tho pre-
the plaintiff was under no Obligation to saw anythn9
about her husbands health fer whether he was sick or
we'll she was entitled to ensure at tho rate specified In
the poiicy. The question therefore is whether the
omission 10 nav the premium for six days after Il he
due required different of conduct on her
will be seen was permitted by the defendants with regard
to the former payments except one and ii does not an
pear that even that was paid on the day when Il fell
due and such believe il yery common perhans the
most usual practice in insurance Companies me nre
MUM il never expected mon the nrecise dsy IN Witch
falls due The nrnctice OF the dsfandants seemed To h
very lax on this subject and naturally induced the
plaintiff to suppose that literal compliance as to the
hour and day OF PAYMENT would no more be IN
This Than m the former occas;ons T%v Ma ~. Ia
right undoubtediy at any time 10 regard this short
henye thew received ncyncnt of the nron,nr - Nv
ouire evidence Of the health Of the insured hnt Il NAV
that rcht ;thon notice 70 ths ra;nt hot
tenSaa M lnngsr nnIass tb;s .,;jen.s sha,,ia ~
uced to receive tho payment Of premiums AZ hereto
fore after they became Jne The nreminm howaver
WIS occented whnmt ob;cction ami aeand, y. ~,
evidence If Thomnsan not word IN SOD hsts ~ n Se
and the clerk who received it abont Buckbees health.
At all events, 1t was received on the 10th December,
entered to the credit of the policy, and a recent
given for it, thus placing the parties, in my
opinion, precisely in the same condition as il
it was paid on the 10th, when it is ad-
mitrcd that whatever the condition Of
Buckbee's health, the policy remained in full
force. Under the circumstances then time cannot be
considered as the Of such contract and, it
would be very rigid not to say negotiable interpreta
on say that whatever might have been the previous
practice OF the defendants in waiting for payment of the
premiums, IL the insured avals himself Of the indul
gence constantly granted although in much less de-
fails the meantime the insurers are to be allowed to
take Of which their conduct
perhaps o Sa may ere'ore be well presumed
renee OF the defendants this being the there
waiver OF literal compliance with the terms Of the just
condition. and in effect the policy did not require renew
al within the meaning OF that condition for In truth it
was not lapsed The precise time indeed specified in
the contract had elapsed ent Judging from the acts OF
the PARTIES commencing With the acceptance Of the ORR
gnai apIhcaion the pohcy strictly speaking had not
aped THIS view y correct It was not necessary to
submit any anesuons 10 the Jury relative TO Buckbses
heahh lot, the conduct OF the defendants or their
amounted 20 waer ana restored the policy to
the same cond,ion m wllcn y would nave been the
~ mum ~ n su g g pau On my sev aay anu nour oh
Wnlcl ~ ~ eue ~ inqu.a,es ~ tI.s Ana "ere super
th , !. IN, w. ~ s s a. iu ,.. uaI n
Inere ccnM pe no renewal vecause ine P.aaun haa !
NO. IN nel powsr pu.saan. ~ ,ne hrss conois'on
noI.t fr ha 49, ,en ~ So,, e. od ,., =; ~
disease which soon after caused ls death. The iudr
'''A' aAo4'" 20 '"'i"'i WIN 'o'''
IMPORTANT OPINIONS ON MERCANTILE SUITS.
Goscola1e rs. Sfr0nJ MITCHELL, 1.-The defendant
appeals from the decision of referee. Taking his
case stated by himself and voluntarily made out by
him. and leaving out the part IN which he was forced by
Inc ruling OF The referee TO call an ADVERSE w1tness, ne
las defence. now show what the original contract
was and how the draft in suit arose: j. D. Gascogne
agreed to sell and deliver to the Southern Michigan Tel
egraphc Company SO 900 lbs. Of No. wire at 6
per ID, and "a 600 lbs No 10 wire at cents per h.,
TO be raid for as follows Two drafts Of the company
for 81, 500 each, at xix months Ely and the other
Strong and the balance the obligations Of The
company and al the to be shipped before the
goth Of Sept, 1884, The company fulfilled its part OF
the agreement by the 10TH Sept 1s39 Ely and Strong
also accNtcd the drafts drawn them. J. H. Gascogne
shipped - 12S lbs. No. wire and go 500 lbs No and
No 10 iron wire by the 10th October never deliver
cd any more. Strong's acceptance fell due March H.
s49 and then he rave in pa yment or in renewal of part
Of H. his own draft Eiys executor for $3.50 dated
March H. 1850 at four months TO order of j. b. Gas.
cogne This note was afterwards pa ssed to The plaintiff
The wire actually delivered would cost about So 900 at
The prices agreed upcn and the drafts accepted by Ely
Strong mere for that amount. Gascoyne therefore,
had fulfilled his contract the extent OF the eonsidera
ton received from Ely Strong and was entitled to be
pa 70 mat OF 70 an amount 50 near 70 that tat
v no, nasellal' 70 considcr' Inc dcicnaan nos as
putTg these faeis. resale, insisted