National Republican., 1874-05-15
A SPECIAL PARTY FROM ENG
LAND.
AN EXCURSION THROUGH THE UNITED
STATES AND CANDAS.

AN EXCURSION THROUGH THE UNITED
STATES AND CANDAS.
The first excursion party to the United States
and Canadas from Europe, under the manage.
mcnt of Messrs. Cook, Son & Jenkins. tourists
and excursionists, arrived in New York on Satur-
arrived here yesterday at I'M IIa the
% as f hSe they S BE s st e
the following persons: Mr.. Firth. Sheffield; Mr..
MudIord, Sheffield; Rev. A. H. Stroud. Bristol;
Mr.. Dornan. Kent: Mr.. S. W. Morris, BriIton;
Major and Mrs. Ripon. Darlington; s. 7. Lee,
Manchester: Kew. q. B Young, Ireland; w.
Hartley, Castleford; J. Greenway. London: Mr..
PSo:. % Kris, ToWcestcr; M MIR. " Walker. Shcffscld.
The tourists. while travelling through this coun-
try, will be personally conducted by Mr.. WIN A.
Short, agent for the firm that started out the
party, and stationed in this city better posted
person could not have been selected for the posi-
tion.
city, and what little they saw OF tho beautiful
streets and wide sidewalks made them delighted
with the capital p Of THIS pation and they pro-
will call on the President. visit the Capitol and
other public buildings, and make more exten-
TO Mount Vernon, being desIrous Of seeing tho
Tomb of Washington, as they have been Of every
thing else that has any connection with the Revo-
lutlonary history OF the country. Monday they
will continue their trip, visiting Richmond, the
Natural Bridge, Louisville, KY, Cincinnati, St.
Louis, Niagara Falls, thence to Canada, back to
Boston, and then to New York en- route home.
SUPREME COURT GENERAL TERN
All the justices sat In banc yesterday, for the
trial of appeals and were engaged as follows:
Mary O. Campbell, adnIinistratrtx, vs.. The
American Popular Life Insurance Company. The
records of this court show the following to be tho
facts in this case:
The defendants Issued o policy on the life Of
a. lii g. NnN
which they agreed to pay that sum ''under tho
following conditions: That in the opinion OF the
surgeon-fn-chief Of this company, the party in
ease the party now or is supposed to be affected
nor by any disease produced or aggravated By
said disease but If It Is decided by the surgeon
any other produced by said disease, then the
company will only pay to the assured, and does
agree to pay to the assured within the ab6fs-
miums paid to the company by the assured. with
compound interest thereon. deducting the ex-
penses to which the company might be put.
the evidence as to the Of death, laid It be-
fore the surgeon-ln-chief and he decided that the
insured died Of intemperapcs or disease pro-
duced or aggravated thereby.
0n trial before Chief Justice Cartier he ruled
tlat the pf5rlsiys aio-a aas re sn-,con-in;eh,e
tq settle the amount to be paid was invalid. and
the verdict was for the plaintiff. On appeal the
IProEsisoS rssrfEsd y valid ' court n0''ns 'h'
The pleadings have now been amended in i'm
portant respects in the hope apparently Of avoid
Ing the effect Of that decision.
The plaintiff, in his first amended count, after
setting out the surgeons decision alleges that by
reason of being o stockholder In the company of
defendants he was interested in the decision he
made and that such interest Of the surgeon was
concealed from her at the times he obtained tho
policy.
The second count sets ont the policy, and al
leges that by reason of the surgeons interest o
stakeholder he was guilty OF gross misconduct in
making his decision; that It was mado on er parts
evidence, and that such decision so made Is the
only one ever made by the surgeon.
The defendants third, fourth and fifth pleas are
alone in question in this argument, and apply to
each count in the declaration. The third plea
sets out the provision OF the policy and the de-
cislon of the surgeon. The fourth plea sets out
that the company. acting in good faith and in ac-
cordance with the terms and conditions of said
policy. referred It to the surgeon-in-chief for
full examination as TO the cause ofthe death OF tho
insured, and that the said surgeon proceeded to
make inquiry and examine into" and reported
his decision.
The fifth plea denies that the decision was made
without notice or pdrfe, or in an improper man.
ner, and that the company has not neglected to
procure such opinion or waived its right to have
such opinion, but such opinion OF the surgeon was
regularly solicited and fairly obtained.n
10 these pleas demurrer Is interposed on the
ground that they are bad In substance.
In the notice Of points Of law to be argued It Is
claimed in substance by the defendants in demur-
First that the alleged fact that the surgeon
in-chief was interested and the concealment Of
that fact make the conditions In question void ab
iRifio. Second, that the alleged misconduct OF
the surgeon yitiates his decision.
Wilder VS.. Welch. This case comes up upon q
motion By Mr.. Davdge to set aside the service OF
process, because the party served was held as q
court held the case under adyisement.
Adjourned,