, 1874-05-04
THE COURTS.



Saturday.
Judge Drummond gave = decision, yesterday,
which is Of interest aa tending to sottio doubt
ful question. Carolno Kloin, tho complainant
In the suit decided, fled bill against the Now
York Life Insurance Company, ostensibly to
hnvo an account, hat really to eyade c1auae in
apollcy Of insurance by which the policy waa
declared forfeited it the premium was not paid
at maturity It appeared in evidence
that complainnnta husband took cut =
policy on her Hfe, for $1,000, paying
tic premiums himsolf as usual, but
without making her aware Of the fact. The
premiums were payable in Maroh Of each year.
In February he was attaoled by the disease Of
which, on tho 18th OF March, ho diod. The
CHIN Ii that his Illness affected his mind to such
q degree that ho HRa not, Oh the 1st OF March,
ablo to intend to business, and VAS incapacitatod
ignorant Of the existence OF the policy, it would
bo Inoquitabla to declare the policy void, but tho
samo should b paid after doducting tho amount
Of tho unpaid premium.
must be considered that man. whom be takes
policy with such clause In relation to forfoit-
nro, takoa Ills chances Of any and all circum-
stances that might happen to hindor him from
paying tho promnma; Il certainly could gu not be
not told his wife, aud also, on general princl-
pies. o party who makes contract ought to ba
hold to tho full}ment OF the same.
Ihe object Of tue allegation in tie blu. Of the
decoaued'R mental unaounduass was to bring
this caso within tue aoopo Of late decision Of
tho supreme Court on tho question OF suicide.
It was thon hold that II the suicide was accom-
pllsned "alle the party was actually inaauo, II
was not wif}ful not for which he could be held
responsible, md would not violate the policy
notwithstanding tue agreement. It waa hoped
~ comp1alnant that tho rule might be extended
80 Is to include m admission Of \ duty. The
9pdgoa aee:lalon, %nllo not contrayening tho
still tends to hold the rulo 80 estab.
lahed within aa harrow bounds AZ possible.
and not to extend It by Implication to similar
oasos: And In time, too, whom the plea OF
we'll to limit tho use Of this axcuao IS 1ar as
consistent. The question Of how long \ rnaa
must be ln8ane before he commits suicide. or
wheshor he be not always insane when nuc1 an
sct IL perpetrated Ak the Froneh BcleutiatB argue
Ia still q res rerdid.
TIE JOLIET lnoH AND STEEL GoMFANy.
Thomas Blakey the poraon who fled petition
againHt tho Joliet Iron i 6teol Company some
urday, ntatiug that faw days before he flied his
flrat pstltlon tho Company conveyed to Moses
Taylor, Agent Of tho FaFners' Loan snd IruA!
Company, ail its real aud personal property "a
%sylor immsd(ateiy H., toox poysa's!,ca' Y. ~; Il
Ii worth a. 40J, 600. and has evor since kept pos.
session. Tho interest on tho bonds tell duo
May !, 1874, sud Dlnkey thinks the Company
DOES not intend to pay is interest 10 as TO com,
pel Taylor to aell under tho tstlat-deed aud gain
possessiop OF the property. Tho amount Of tho
bonlu does not exaeed $500, 900. while tho Cou,,
pany'a property il wo1th 2,40o,1 QUO, and, II 4
forced saie slaould be made, i vary larse lous
would reaut, and tl,e unsecured debts, amount.
lug to $900, 100, would i'a totally loat.
1Ia Joliet Company las also owned $2a0,o0o
stock In the Chicago Company, and also held
4y0, 900 Of uotaa secured by u sooond mortgage
On ita land. Paddock, tie first mostgsyee "
Iuthut trustee. lately sold tho Chicago Com.
puuya land uIdor blu arst huumbranos, and Il
WA dIA IN hyJ, / G44a tor tia ataouns at tho
N1INtst3aS u aallAllaA Ulta ~ aAieake q