New-York tribune., 1868-12-24
THE COURTS
IMPORTANT LIFE INSURANCE CAsE-THE row
ERs OF AGENTS, AND THE OBLIGATIONS OF
PRINCIPALS.

IMPORTANT LIFE INSURANCE CASE-TIIE row.
ERs OF AGENTS, AND THE OBLIGATIONS OF
PRINCIPALS.
Among the decisions in the General Term of
the supreme Court, yesterday was the following In
the care OF w d. Robinson agt The Inlernajlonal iAe
Assurance Company, the action was on policy or lie
insurance 20 one MacMurdo, IN lsi5 The defendants IS
sued the policy through their agency IN NeNfork which
had regularly qualified In this state for business The
assured lived IA Richmond and paid ms premiums 10
local agent CowaId VINO w,s not aulho.l1vu SenCI!@S % ~
to receive premiums but Only on receiving rom tle
New.YOrk agency receipts These were regularly sNcn,
andpremiums receives tlll Junci , iooi b M 'HaS H W.
when communication between Richmond ana new lVlA
was interrupted by the Rebellion, 1t was claimed on the
trial. aud the jury found that Cowardhs authority was
enlarged by parole Inc isu' premium Was pat !. N", @
fedeato money 20 Cowardln, and IN October OF thn year
MacMurdo died u was claimed by he deIendahts Una,
tho Rebellion hnnult thr contract ,hh 'c hscN's ~ i
Cowardin was nitod, ana the New. YORK agency couu
not eMond his powers ana 'nat tnT paS S'"'nt
all. For these reasons, they claim the last pay
The opnon of tho Court delivered 6y Judge Daniels,
after noting that the corporation Was created ny ae oi
the English Parliament, And though u had clp.cu WIN
tho laws of NowYok for tho purpose OF carry ing on It's
business here, stl remained AN Englsh corporation
holds that this compliance only conferred on power t
transact It's business within the state vi NeNl otki anu
did not authorize to appoint a9 agent to or 10 est
the purpose OF TINS action was sNucieht 10 "ssne 'a.
the defendants lawfully engaged IA tho business m
this state and lawfully ana lioleriy Ha,nnC Hnnuintcd
an agency for that purpose ana appoti,Vu
mn agent At Richmond TO transact the business me-,
required TO be done NJ That place. Ims
however did change the nature OF the corporation
from an English corporation hut left The estahlshinrut
he contract OF tho defendants, when tho war arose II
was not one which existed between loyal citzen ana
Rebel but between neutral and Rebel recognized hy
tho defendants Government "a bcligerent; ana ths
rccognon though not binding upon the Hoferhheht o'
tho United States, binding and conrOnng as author
nv upon the defendants As u oontrct between y
neutral aud n belligerent. 10 was neither ahhultod
nor suspended by the proclamation nt tho ffrsl.
dent or the laws OF Congress The platH, thereores
NOT prevented from maintaining ls notion by anything
rendering he insurance Illegal which was effected In tins
case Tho local agent Ia Richmond was not generally
authorized receive premiums; his authority consisting
gco
early part OF SG the dIsoont,nuance arising from de.
fenX.Its nnhity 10 communicate readily with the local
AGENT M Richmond Hut Judge Daniels holds that the
KewYork agency had the fullest aud anplest powers to
nppont sub agents either In writing bY pro ana th
tfeugh CowAfdina authority was originally wrltton
order ho could be authorized by paro 90 take broader
authority that thoro was evidence before tho Court below
10 effect that pao authority was given Ia cowaidn
receive premiums without having hsJ received re-
ncwal receipts and without specific directions M To wha
he should receive them in aud that the JuS had pssen
uVon i- question. lie holds that the aseNt coud h"l
exceed tt ordinary course az husncts lie Was employed
iu aud t0 settled Uragys n any, thN were iouha 10 cA