Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-14
DIGEsTED OPINIONS
OF the Supreme Court Jackson, April
Term, 1872.
CHARGE OF COURT.

CHARGE OF COURT.
CONSTRUCTION OF MISSTATED CHARGE
IN BILL OF EXCEPTIoNs-A charge which
it seems probable is misstated in the bill OF
exceptions, must be read as fraud, though
in contradiction to another part of the
charge. Greenwood VS.. Robbins No. %.
INNKEEPER'S LIABILITY, AND CHARGE
OF CoURT.-A charge, that ''if an inkeep.
er furnishes a guest with the proper appli-
ances against robbery, such as locks, bolts,
etc, of which the guest avails himself, the
innkeepsr is discharged" is erroneous,
though the court charged also that the inn
keeper was liable for any loss sustained,
unless from the act of God or public enc
my, or the neglect or fault of the guest.
--Idem.
INSOLVENCY.
INSOLVENCY, EVIDENCE OLA letter
saying, "Such has been the pecuniary strin-
gency in our city felt by all, that our house
has been unable to prepare for payment of
their liabilities approaching maturity" and
asking an extension, and stating also that
''asseJs will cover liabilities if not sacrifc-
ed" is not evidence of insolvency. Nor
risOn vs. Garth, No. -.
INSURANCE.
AGENTS POWER TO DELICATE COMPA-
NY.-An agent of an insurance company
instructed only to deliver policies upon pay
ment Of cash part $50 of premiums in
cash, delivered policy and took the note
of L. j. b, whose life was insured. The
policy acknowledged payment from plain
TIL, wife of Z. j. B. Another agent sue
ceediug took of E. j. B. a draft, which was
not paid, but surrendered, and a
note of Z. j. B. taken, payable
to the company and to bear eight per cent
interest after maturity until paid. This
note was never paid and E. j. b. expressed
his inability to pay. The company then
Teinsured for one half etc. The applica-
ton provided that the policy should not be
binding until the amount of premiums
shall have been received during lifetime of
the assured. In this cause the Supreme
Court held, first, That the agent was a
general agent and the company was bOun1
to his act.
2. The company are estoppad by the re-
cital Of payment from denying the receipt
so as To impeach the validity ofthe forfeit
ure.
3. The admissions of E. j. b. after de-
livery of policy could not bind the wife.
4. No subsequent contract of E. j. B. for
surrender of the policy for future or failure
to pay bis note or draft would affect the
right of the wife. Booker vs. South Ins.
As.
Written APPLICATTONs-H0w VIO-
LATED BY STIPULATIoNs AGAINST
FRAUD.-A written application, concluding
with a stipulation that any untrue or fraud
ulent answers, or any suppression of facts
ia regard to the party's health will render
the policy null and void, etc, does not OBJ
crate as a warranty, but as a representa-
ii n.-IdenG.
CONSTRUCTION OF MATERIALLY OF
STATEMENTs.-The materiality of the
statements will control their effect, and
only such as are material to the risk viii
have the effect, if false, to avoid the policy.
-Iden. ..............
UNSETTLED FoRFEITURE.-Where a
forfeiture is unsettled or it is necessary for
the proof on which it is claimed to be clear
and full and affirmative, the same is true
Iden.
INTEREST ON MASTERS ACCOUNT.
INTEREST ON MASTERS REPORT AND
DATE OF CALCULATIoN.-It is error to
calculate interest from the date of the Mas
ter's report to the time of the decree on the
sum found due by the report. Champlin
as. Mem. and o. r. r., No. So.
JUDGES, TERM OF OFFICE. I'D.
JUDGES, TERM OF OFFICE.-The Judges