Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-04-21
Alexandria Gazette
AN INSURANCE CAsE-In July. 1857, Mr..

AN INSURANCE CASE In ) July. 1857, Mr.
Corbin Warwick, of this city insured the life
of his brother VIM. Sidney Warwick, for
$4,000 in the Manhattan Insurance Company.
of New y Iork paying therefore the premium OF
Sl056. and agreeing to pay the same premium
annually during the continuance OF the policy.
The policy was signed and sealed by the compa!,,
ny in New York, but was not to take effect until
countersigned by the local agent, ). u. Mac
murdo, Of Richmond, Va 1t was accordingly
countersigned and delivered by Mr.. Nlacmurdo
in Richmond, and il was stipulated by ali en-.
lorsement on the policy that no payment OF
premium should BE- valid unless acknowledged
by printed receipt sigucd by an officer Of the
company. Mr.. Warwick paid the annual pre-
miums regularly to Mr. Macmurdo for four
successive years, and received from him print
ed receipts signe d by an oficerof the company,
and also countersigncd by himself as agent
On the 2lst Of July, 1861, Mr. Warwick offer
ed to pay Mr. Macmurdo the premium due on
that day in New York funds, and Mr. NJ. not
having printed receipt signed as aforesaid,
accepted the money and gave Il receipt tor 1t
as agent Of the company. promising to Obtain
the printed receipt rs soon as he could, which,
however, he was never able to obtain. On the
DIST of July. 1862 Mr. Warwick offered to pay
the premium then due to Mr.. Macmurdo IN
New York funds, who declined to receive the
same. stating that his agency had bccnrevoked
by the company. Some correspondence passed
between Mr.. Macmurlo and the company in
1861 -'G2, which it is unnecessary to detail
VIM. Sidney Warwick died in November lsG2.
After the war demand was made on the com
pany, and they refused to pay the amount OF the
insurance, which was $4,000
A suit was brought to recover that amount,
and the plaintiff recovered in the Circuit Court
of Richmond. An appeal was taken to the Su,
preme Court. and the decision OF the Court
was delivered yesterday by Judge F. c. Ander-
son. affirming the decision of the court below.
The opinion. We understand, is regarded by
the profession as one Of ability and learning.
We cannot undertake to give even synopsis
oft but the main points taken by the court
were that the contract Of insurance was not
complete until the policy was countersigned
and delivered By the local agent. MIR. Macmur-
do in Richmond, Va. that therefore it was
Virginia contract that is to say, 4 contract
made in Virginia and to be there performed;
that Mr. Warwick had right to pay the pre-
MUM in Richmond, where the contract was
made and that as he was ready and willing to
nav the premium as and when they became
due, he had fully performed his part Of the
contract. and the company could not rely upon
their absence in ability Of failure to accept pay
meut as a ground of forfeiture OF the insurance
on the part of Mr.. Warwick that there was
nothing in the circumstance OF the existence OF
the war to deprive Mr.. Warwick OF his right
to perform his part OF the contract mere Us no
intercourse was required with the enemy:
Tn the result of the foregoing opinion Judges
,Joynes and Staples coucurred with Judge An
dersou, An able and elaborate dissenting
oninion was delivered by Judge Christian, IN
which Judge Moncure concurrcd -f'ch"'"""
Dtsputch