The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-02
COURT os APPEALS.

Costs.
Before Chief Judge Hunt and full Bench.

Before Chief Judge Hunt and O full Bench.
Prosper II. De Barrarate us. Waliam Deg E,7nasad,
Executor ana Appelldnt.-The plaintiff commenced
this action and, after the had been put in,
he claimed that he had been entrapped into the
suit the defence being perfect. He procured an
order giving him leave to discontinue without COSTS
From this order defendant appealed, claiming that
the costs accrued were substantial right the CODE
the defendant unless the PLAINTIFF recovered Plain
till contended that costs were always discretionary,
except exc on Judgment and that the provisions Of
Court TOOK the papers ana reserved decision.
Life Insurance.
Mary r. YOurctn u.s. The Mutual Benefit LIE m
surance Company. 1t appears that the defendants
insured man named Horace Bean. whose pre-
miums were paid up during period of nine years,
and that In the month Of November, 1856, Mr.. Lord
general agent OF the company, notified him to pay
up his premium and give his premium note in on
the 22d OF December which Bean did not do. On
the 7th OF January, 1867 Mr. Lord sent him another
letter. requesting him II he desired to keep his policy
alive TO send in the premium note and check for
the premium and interest from the 22d OF Deem
Der 10 the period when. in due course OF mall IL
would reach New York. This letter was answered
by Bean, but the defendants never received 1t. In
May letter, dated the 9th, but which was mailed
on the stn and received on the 10Th, was sent by
Bean, stating that he mad obtained the money and
sent on check. on this Mr.. Lord Immediately
wrote on to him, Informing him that as so much
time had elapsed the company refused to receive his
premium unless he forwarded his family physicians
certificate that on the 9th Of May he was in perfect
health. Receiving no answer to this Mr.. Lord again
wrote twice, sending Mr. Bean In his last letter
certificate of deposit Tor the amount Of his check
and the premium and the premium nOte declining
4th Of Nav Bean died in New Orleans Of consum Se
tion and the note, certificate OF deposit, with
notification that the insurance would be required,
were returned to Mr.. Lord by the attorneys OF the
family OF the deceased. The policy contained the
usual clause Of forfeiture but there was bye-law
which provided that in certain cases forfeiture
might be avoided DV the payment OF the premium
and interest and the sending OF physicians certi
ncase OF health on the date late, Of the payment:
the 7tn Of January was itself waiver OF the forfeit
ture and an extension OF the time OF payment I'M
was the view taken Of it by the Court below,
which which gave Judgment for the plaintiff from
grounds taken By the defendants are that the agent
OF the company had no power to waive forfeiture
Enthusiastically no power to go beyond the by
laws; that his letter was not waiver but merely
direction TO pay at once If the insured desired
waiver At most 1t was but q conditional waiver
dependent on immediate acceptance. The resDon-
dent agreed that Mr. Lord the general agent and
had full power IN the matter; that the letter
waiver OF The forfeiture Without conditions; the de-
ceased had right to consider that he had reason
aole time TO pay up, and that the general policy of
the law forbade the waiver OF forfeiture once
waived. decision reserved.
Services of Civil Engineer.
Charles QUINN Administrator, Respondent, Us.
James z. LLOYD, AppeRant.-This was an action
brought by plaintiff, as administrator Of Richard
Quinn, deceased against the defendant for services
performed in England as a civil engineer, and also
for work done subsequently in New York. The
Defendants answer was merely q general denial.
The was referred, and the referee reported THAI
there was due the plaintiff 1927 81 IN gold coin on The
English account and the further sum OF SPA 81 in
currency and that on the 10th OF Jue 1864, the
OF 1927 81 In gold coin was equivalent to $3.50 rs
in currency. The defendant, Lloyd appealed from
the Judgment OF the referee, and also from an
order denying new trial. TO the General Term OF
the Superior Court where 1t was insisted that O
memorandum in tho words following was an
agreement and should be duly stamped before it
could be read in evidence:-"Richard Quinn
Dear Sir-n you wish to go TO England
your passage VIII be paid and weekly
wages OF fifteen pounds per week gold while
nn,i nnSSlanda o appSears Quinn went to
ccpting appellants terms and making the letter
seemingly contract. The General Term OF the
she act OF Congress OF June 80 1884, which declares
all unstamped agreements void, was imperative IN
the courts Of this State. and referred only TO United
States courts; but though the referee found pro-
perry that gold contracts were perfectly legal he
committed error In giving Judgment for the value OF
,od but that judgment should be for gold CON- and
so modify the Judgment as to render 1t for two DIFF
ierent currencies, nameyin gold coin and In paper
currency. From That Judgment the defendant now
appeals TO this court.
this dual Judgment In addition to the stamp act
end gold contracts attracted some attention.
Decision reserved
sewe and Pierce for defendant; James NJ. shehan
and Mr. Bryan for respondent.