The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-06
GENERAL TERM DECISIONS.

Batches OF decisions were handed down yesterday by
both the General Terms OF the superior Court and the
Court OF Common Pleas. As the facts in all the
were fully given the trials, only the important
cases are noticed beginning with those rendered the
Superior Court, General Term.
Harvey Weed brought suit against the Mutual Benefit
Life Insurance Company upon policy OF insurance
obtained in November 1864 on the life OF james NJ
Benedict which policy was subsequently assigned
tho plaintiff Three years later BeIedict committed
suicide and on the trial tho complaint was dismissed
on the ground that ii was provided in the
Iocy that the same should DO void in
case the insurer to his death by hts
own hand The General Term nffirms the decision OF
the Court below this Court holding, through Judge
spcir, who writes the opinion, that the provision
avoiding the policy condition precedent that IL
was not proven the deceased insane when he
committed suicide, aud that sanity beng mans
normal condition. the deceased must be presumed 10
have been snne at the time OF his death
An important decision was 4 ven IN another insur-
case, the suit being brought by Bertha Cohen
against the Continental Life Insurance Company. The
policy obtained the life of plaintiffs husband,
which policy subsequently transferred to the En-
pire Lie Insurance Company for her benefit On the
transfer there no medical examination OF the hus-
band the transfer being allowed upon the examination
made at the time OF taking out the original policy In
this examination tho husband stated that he
had been sick Tor years that he had cough
and that during that time had medical attendance
Ii turned out however, that between the time
ing the policy and the time OF the he had
been SICK and under the doctors Upon his DEATH
therefore, shortly atcrward the Empire Company
fused pay the amount OF the insurance The referee
gave verdict Tor the plaintiff. This Court rcvcrscs
this judgment.
Judge Curtis in the case OF elliott against Anna NJ
Jackson, granted motion to set aside verdict in
favor OF the plaintiff the same having been made
ground oil communication from Judge Spcir to the
jury the absence oil defendants counsel The Court
rcverses Judge Curtis decision, holding that Judge
Spcr had right to state the simple facts OF the law to
the jury.
In the General Term of the Court Of Common Pleas
there given decision OF importance IN connection
with the banking business in the SUIT OF the security
Bank against The National Bank OF the Republic Tho
point involved the submission or testimony as 10
the usage prevailing among bankers in regard certified
checks, and tho liability OF bank TO pay the amount OF
q ruled check even though the amount had been
frauduently altered and raised as IN the present
Such testimony was not allowed and on account OF its
rejection the Court orders rctral OF the case holding
that that which has grown up as general and well
tablishcd usage in a large commercial Ike the
city oi New York by tho uniform acquic Of those
who best acquainted with its operations and effect
Is of higher consideration as rulo in controlling The
transactions OF business than any rulc founded upon
the reasoning OF courts, however logical apparent
because the former rests upon stronger foundation
the general experiences and aquesccnce OF the
cia community.
In tho case Oh Hcnncssy against Wheeler the fa
nous bottle trade mark recently argued at the
General Term OF the Common Pleas by Mr. OSBORNE Tor
the plaintiffs and Mr. Arnoux for the respondents the
Court affirm the judgment in favor OF defendants,
holding that plaintiffs allegation that their bottles
quart and put bottfcs dspenses win the necessity
OF Of that that the evidence oil the Custom
House entry ~ conclusive OF the deceptive character OF
the bottles that putting labels on such bottles olsen
titles The plaintiffs any aid in OF equity the
protection OF the public being the fundamental prin-
ciplc OF trade mark law, aud which is here violated
because thereby consumers deceived.
In the suit brought by Martin b. Brown against tho
city 10 some 81 800 Tor printing election ballots
the Court holds, Chief Justice Daily writing the opn-
ion, that was under the OF 1874 within the power
OF the Board Of Supervisors TO provide printing
OF ballots Tor submitting the constitutional amendments
TO The electors The city is held liable Tor the payment
OF che bill
An important decision rendered In tho suit
and Michigan southern Railroad Company The Court
holds, Judge Robinson writing the opinion that the
purchase sale by tho defendants OF railroad
railroads with which they IN co injection
is illegal through Its prohibition by the laws OF this
state