The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-28

CLALe ~ was AT least idNtO.
1t was the only av-ma1ing BODY which had
any exis ence. It's members acted under
color Of Office, by an election, though not quail
fied ACCORDING TO the requirements or tine constr
luton the Uuited states. Now, wnie 1t must
be held that all snelr acts In hostility TO that CON
sur ton or Union, ofWnlcn the state was an lhsep
arabic member, have no validity no good reason
can be assigned why all their other enactments,
not for hidden by the constitution, should not nave
the force which the law generally accords
TO the action oil de facto pubic oncers.
The Court here review .he decisions on this point
and state the following general ruIe:-All the
enactments OF the de acto Legislatures in the ln-
surrectionary States during the war which were
not hostile 10 the Union 10 the authority OF the
general government and winch were not In con
met with the constitutional OF tue United states, or
OF the States, have the same validity as II they
mad been enaetments OF legitimate Legislatures.
and any other doctrine than tins would work
these States without any corresponding
benefit 10 the citizens OF other states
and without any advantage To the nallohal
government. Trleo by the rule thus stated, the
enactmenis by wnlcn the plaintiffs III these cases
were Incorporated must be treated as Valid.
They had no relation 70 anything Else than the
domestic concerns or the State. Neither IN their
hostile 20 the Onion or In conflict with the constl-
tuition. They were mere ordinary legislation,
sucn as might nave been had there been no war
or No attempted secession such As Is OF yearly oc-
currence IN all the States or the Union. We hold,
therefore. that the Court OF Claims cor
rectly decided that the plaintiffs were
lawfully Incorporated and that they had
legal capacity TO sue In tnat court.
even II inc plaintiffs below are corporations
which this Court can recognize as sucn, they can
not in the court of Claims for the proceeds OF
the sale OF captured and abandoned property De-
cause, az II IS argued the Captured and Aoan'
doned Property act provides only Tor suits by
persons who could have given aid and comfort 10
the rebellion. 1t is sad corporations were
not make proof that they have never gwen It.
Nothing in the assignments OF error justlnes the
presentation OF sucn an argument. But were Is
otherwise the argument would be PLAINLY I'M
sound. The act OF Congress conlers the right to
sue upon any person claiming TO nave been tue
owner OF The captured or abandoned property.
IL makes no distinction between natural and arti-
nclal persons, ana u has not been doubted Inas
corporations created before the war commenced
might Many sucn actions nave been sus-
tanned. 1t is no objection TO them that PLAIN
tins in all suits are required 70 make proof tnat
they have never given aid and comfort TO tue re-
oehon. Sucn proof may be made as well BY art-
ncia natural persons. Corporations may have
rendered very substantial ala 10 the armed re-
siStance to the laws OF the United States. They
may nave made loans or contributions TO the con-
Iederate government They may even Fave dtted
out companies or regiments OF sodiers. II they
nave rendered no aid the fact is quite capable or
proof the judgment OF the Court OF Claims In
each case is affirmed.
DECISION IN THE MUTUAL LIFE INSURANCE. CON-
PANY CASE.
No. 203. Tue Mutual Lie Insurance Company Of
New York, plaintiff Ia error, VS.. James Young, ad-
Illustrator OF MCPHERSON Young deceased-ln
error TO the Circuit Court for the District of Cali
fornia-Mr. Justice Swayne delivered the opinion
OF the Court IN substance as ,folows:-lhe case
was submitted 10 the Court without the lnterven-
tion Ol Jury Tie Court found the facts and gave
judgment for the plaintiff me defendant sued
Tor our determination is whether the findings
warrant the judgment The facis found lie within
narrow compass. On the 6tn OF June,
1867, Mcpherson Young applied to the
agent or the plaintln In error in san
Francisco for insurance upon his life, and there
upon received from the agent a receipt for the
first quarter OF the annual premium, conditional
upon the acceptance Of the application by the
company. The plaintn IN error Is q corporation
OF the city OF New YORK, nut had a general agent
at san Francisco and an otce there Tor the trans
xf hnufn lip Xnnn
received by the company at New York, and
was answered oy policy transmitted 10 tue
tine 5th oil April, 1857, and varied rom the terms
specified In the receipt In the following paruca-
lars:-
Flrst-It took eject rom the 5th ofApril instead
OF the 5Lh OF June. The loss to the applicant BY
this cnange Is OBVIOUS and needs no comment.
Secoad-rhe quarterly payments were TO be
Tnfrd-The days OF payment during the ten
years were be the 6th days OF April, July, 0cto-
Der, and January Instead oil the 5tn days OF June,
September December. and March.
IL contained a provision that III the said pre-
mlums shan not be paid on or before the days
ABOVE mentioned Tor the payment thereofn "then
IN every sucn case the company shall not be liable
Tor the payment of the sum assured or any part
thereof and TINS policy shall cease aud determlnen
The policy was received BY the agent at SAN
Francisco on The I'd OF August, 1867. With the
policy were received TWO receipts 70 be signed by
the secret ary OF the company ana TO be counter
signed by the agent before delivery. One OF them
was for the pai ment oil the instament due on the
6tn oil April 1857 aud the other Tor The lnstalment
due on tue 6tn OF July In that year on tue sth OF
at Vallejo, notlfytng MIN that the policy had
arrived, ana requesting 70 be advised
held until ne should call Tor IL In san Francisco.
II does not appear IN the case wnen or how
this note was forwarded, nor whether Young ever
received IL. Notice OF the receipt OF the appnca-
ton by the company, or OF the receipt ol the
policy by the agent was not SHOWN 20 have been
given to or received Dy him. No demand was
made upon him Tor any further payment, ana no
receipt requiring such pay ment was presented TO
him. Young snot aud mortally wounded az
Vallejo on tue 2lst OF August, 1867. de was re-
moved the next day 10 hospital in san Fran
cisco, where ne died on the QUA OF September iol
lowing. From the time he was shot until his death
ne was unable TO leave his bed, aud was incompe-
tent mentally snd pnysSaJ 70 attena 20 sng ousl
Francisco 70 New YORK was by ocean steamers 10
Panama, thence % ran 10 Asplnwall, aud thence
by steamer TO New ork. The time consumed IN
the transit was from twentythree 10 thirty day s.
Alter the death OF Young tue agent wrote on the
pOlicy Cancel; deau,n and sent II TO the office In
New YORK. The onlcers there, on the 2lst OF 0c-
tober 1857, cancelled IL Dy tearing on the seal OF
the company and tue signature OF the President:
applied and cancelled the proper stamps.
They remain In she hands OF the COM
The sum OF $50 80 mentioned In the receipts OF
June 5, 1857, was not paid. Young gave mis- note
ually, az sixty DAYS. Nothing was paid upon IL
IL remained In the possession OF the defendant.
The word cancelled was written upon IL, but oy
whom did not appear. Young never paid any
thing upon tue contract claimed TO have been
maze. on the gath Of August ISL letters Of ad-
minIstratIon upon the estate OF Young were
Issued TO the defendant in error. he qualified
under them according TO law. Shortly alter
ward notice or the death OF the intestate
was given ana payment OF the Insurance.
money demanded. Payment was refused,
the ground thar the company was not liable
Several objections, some OF them technical
have been taken by the counsel for The plaintiff In
error 10 the Judgment rendered. We shall connns
our remarks 70 one OF them. 10 is fundame tal
and goes TO the rignt. justice and law OF the case
1ne receipt oil the 0th OF June was tue initial step
OF the parties. IL reserved the absolute right TO
the company TO accept or reject the proposition
which 1t contained. There was necessary lmpl-
cation tnat II 10 were accepted, the response and
acceptance we're TO be By poncy In conformity
with the terms specified IN the receipt As far as
they extended, and beyond that, IN tue
usual form u such instruments a. issued