New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-26
sUrEEIoE couGr-sraelALT za,'-oct es-EeioFe Justlc


NICE QUESTION or LIFE fNSURANCE-DoES NON.PAf'
MBvT ALWAYS INvALIDATE POLICY.
job q Pc'iKag Tie Mutual Life Insurance Co. OfN Y
This is a case Of mach interest TO all persons who
affect inrnce on herlye and involves Question Wilrh
we haer was never raised The plaintiff shows that in
sis be- rs, resident o. MOlse Ala, and through Ar
Coy tie agent o. Mutual Life Insurance Co Of tls city
ss me- d M. I-enirm. regularly to Mccoy Who sed o. 10
his city rendered receipts ioI The oae which be counter
Ale ne wa broke ont communication was stopped. Int
OIly paid Ls prelainms regularly u McC9y WHO gave ln
rcccuf. and THIS was continued TIL 1854 In 1876 NJ Reilly
came TO New York and offered 10 pay the Company the
premiums due since 1854 but the Company refused deolarns
s the policy become void m s6l o. time they received
lie last ymeai iom mccoy ORey then offered pay al
the premiums from 1864 Which sss also refused because e
NJ 0Rey thea broaehi Til, suit in equity compel e
Company declare be policy s open and IN ia force and
the cancellation OF a by The Company void
The defendants demurTod 10 tie complaint tie grounds
that did MOI constitute sufficient cause OF action ano that
the determination o. the Court would have effect, the
plaintiff could have claim against the company on his policy
until eer his death when BIS admnsiIs9Is could Iae The
m tbe io,e u The argument Judge Barbour Interrupted
counsel stating that MS wes life insured In the
COMPANY and as he was therefore interested he could not heal
ths argument. The case was therefore postponed
IL stated ha there numerous suits OF this particular
character growing ont Of the same state OF facts ana decision
Emerson goodrich KuowIton for plaintiff AeI W. Brad
ford and b w Huntington f0r defendants
An oL-sIOcK AND SILVER MINING OPERATION, AND How
II TURNED OUT.
paaif be victim OF the defendants by stock
machinai0ns follows he that year ago he deposited
with Hoffman 900 the gold yaue OF which At that time
f7OO in trust be ussd BY Holman for the purchase Of the
Rosanio and Valencia Silver MineS in chihuahua Mexico
HOFFMAN gave him receipt for t7OO in gold Twsdde
alleges defendants have not purchased the mines but
on her own confession have abandoned the matter Plaintiff
demanded the his money but was met with refusal
Hence tins action.
The defendants deny that either OF them received money
om Tweddo 10 their ind gdusl capscy and set that prior
10 Oct 1879 plaintiff stakeholder in the Hoffman Oh
and land Association and bad certificate of said Association
OF nominal vaus Of 900 He being that II the
intention Of parties TO purchase two silver mines in
Mexico oored defendants his stock In the Oh Association
an interest IN ne Silver Mining Co and they consented
male the exchange trustees They received money and
pantih knew al that the oil stock OF value
Whatever They offer return his oil stock to him They
nv that they have given up the silver mining enterprise bat
pushing 81 forward with capital Of $4,000
plaintiff that he procured the oil certificate from the
defendant. ard he With Others exchanged his receipt
interest IN the silver mining enterprise
Tie Judge decided that there was no question Tor The ry 90
pass upon Tho unOontrsdoted facts Of the exchange Of the
osrosis FOR The gold reospt were In favor Of he oeenQaus
therefore directed the Jury % hnd or the defend ants
lie granted allowance OF 90 % seeuiaut5 counsel
Pss;4 ,2aass ss2s2s,1. ao1 W Eseo9l Je. p 1ass *
49, 81 -