The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-04-19

IMPORTANT INSURANCE CASE DECIDED
Northern Company gs. q Southern Policy.
holder.-In July, 1857, Mr.. Corbin War.
wick, OF this city, insured the life of his
brother, VIM. Sidney Warwick, for $40, O0C
in the Manhattan Insurance Company, oil
New York, paying therefor the premium
of 81 ,036, and agreeing to pay the same pre-.
MUM annually during the continuance oil
the policy. The policy was signed aud
was not TO take effect until countersgned
by the local agent, J. D. Macmurdo, OF
Richmond, Va. 1t was accordingly coun.
tersigned and delivered by Mr.. Macmurdo
in Richmond, and it was. stipulated by an
endorsement on the policy that no pay
ment of premium should be valid un-
less acknowledged by printed receipt
signed by an officer of the company. Mr..
Warwick paid the annual premiums regu-
larry to Mr.. Macmurdo for four successive
years, and received from him printed re-
ceipts signed by an officer of the company,
and also countersigned by himself as agent.
| On the 21st of July, 1861, Mr.. Warwick of.
fered to pay Mr.. Macmurdo the premium
due on that day in New York funds, and
MIR. NJ. not having printed receipt signed
rs aforesaid, accepted the money and gave
q receipt for it as agent of the company,
promising to obtain the printed receipt as
soon as he could, which, however, he was
never able to obtain. On the 21st of July,
1862, Mr.. Warwick offered to pay the pre-
MUM then due to Mr.. Macmurdo in New
York funds, who declined to receive the
same, stating that his agency had been re-
voked by the company. Some correspond
encc passed between Mr.. Macmurdo and
the company in 1SGl-'62, which it is unne-
cessary to detail. VIM. Sidney Warwick
IiaI in NnUornhor ho a
demand was made on the company, and
they refused to pay the amount of the in
surance, 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 20 the Supreme Court, and the
decision of the Court was delivered yester-
day by Judge f. C. Anderson, 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 a synop.
sis Of it, 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 loca
agent, Mr.. Macmurdo, in Richmond, Va:
| that therefore it was Virginia contract
| that is to say, a contract made in Virgins
| and to be there performed; that MIR. War
wick had a right to pay the premium in
Richmond, where the contract was made
and that as he was ready and willing to pay
the premium as and when they became due
he had fully performed his part of the con
tract, and the company could not rely upor
their absence in ability or failure to accept
payment as ground of forfeiture of the in
surance on the part of Mr.. Warwick thai
there was nothing in the CIRCUMSTANCE o
the existence of the war to deprive Mr.
Warwick of his right to perform his part .
the contract here, as no intercourse wa:
required with the enemy.
In the result of the foregoing opinion
Judges Joynes and Staples concurred will
Judge Anderson. An able and elaborate
dissenting opinion was delivered hy Judge
Christian, in which Judge Moncure con
cured. The case was argued by hlr. Johr
| 0. Stcger on behalf Of the Insurance Com
pany, and by MesSrs. John Howard, VIM
A. Maury, and James Lyons Tor Mr.. War
| wick.