The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-10-24
Ugly Aspect Of Affairs at the Red
Cloud Agency---More Trouble: @
Anticipated. s @ Z.
ACROSS THE WATERS.
General War No Longer Imminent Fight
ing Renewed new With Great Stubborn /, U
81 81. ness ness--;The ssrvians Being Bel 5 S., ].
s. Badly Whipped. s s. ! I'm ;a :; I.
&C., Sc, &c.

WASHINGTON, Oct0 Der 23.-Ihe Supreme
Court Of the United States to-day decided
several important life insurance cases.
The parties were the New. York Life
Insurance Company and the Manhat-
tan Life Insurance Company against
William 6. statham, Charlotte syms, and
the executor Of Charles L. Beech, Of Mis-
sissippi. 1t appears the parties seyerally
insured were unable to, pay their. premiums
owing to the breaking out of the civil war
in 1861. The non-payment OF The pre-
miums in arrear was set up in bar in the ac-
tions, and the plaintiffs respectively relied
on the existence OF the war and excuse Of
fering to deduct the premium in arrear from
the amounts Of the policies.
The Court delivered the following opin-
ion: A policy Of life insurance which stlpu-
lates for the payment Of an annual premium
by the assured, with condition to be void
on non-payment, is not an insurance from
year to year like common fire policy, but
the premiums constitute an annuity, the
whole of which is the consideration fol the
entire assurance for life, and the condition
is condition subsequent, making void the
policy by its n-performance. But the time
Of payment in such policies is material an d
OF the essence of the contract, and failure to
pay involves an absolute forfeiture which
cannot be relieved against in equity. II
failure to pay the annual premiums be
caused BY the Intervention Of war between
the countries in which the insurance COM
pany and the assured respectively reside,
which makes it unlawful for them to hold
intercourse, the policy is nevertheless for
feited il the company insist on the condi-
ton, but in such case the assured is
entitled to the equitable value OF
the policy arising from the premiums
actually paid. The equitable value is the
difference between the cost Of new policy
and the present value of. The premium, not
to be paid on the forfeited policy when the
forfeiture occurred, and may be recovered in
an action at law or suit. in equity. The
doctrine OF revival Of contracts suspended
during the war is one based on considera-
ton OF equity and practice. and can
not be invoked to revive a contract
which it Z would ~ be unjust and
inequitable to revive as where time is
of the issues OF the contract the parties
cannot be made equal The average rate OF
mortality is the fundamental basis OF life
insurance, and this is subyerted by giving
the assured the option to revive their poll
cies or not after they have been suspended
by war. Since none: but the sick and
diving would apply, it would be unjust to
compel revival against the company.
The Chief Justice and Associates Cllf-
ford, Strong, and Hunt dissented. ~
The court reversed the decree and judg-
ments of the Circuit Court for Mississippi,
remanding the cause for further pro coed
ings in conformity with the opinion deliy-
cred to-day. -.
ARRIVAL OF TRooPs-THEIR DISGUST AT THE
PEACEFUL CONDITION OF AFFAIRS.
COLUMBIA, S. c., October 23.-Troops are
arriving daily. Thirteen companies are now
in Columbia, and twenty-fouI in other parts
Of the State. The officers say they expected
to enter upon active service Immediately,
and anticipated an attack on reaching the
State line. They. express great disgust on
learning the condition OF affairs here. Eve
rything is perfectly quiet throughout the
State. .Affidavits affirming peace and sub
mission to law are received daily.
The campaign is conducted vigorously by
both parties. The so-called rifle clubs are
all disbanded, but the colored militia are
still organized. T., 80, -. 81, ~.
INDIAN AFFAIRS. - g -.
WASHINGTON, October 23.-The Indian
Commissioner has no confirmation OF the
reported removal of Red, Clouds band
twenty-five miles from the agency and their
refusal to receive rations. However, he
says Red Clouds people have long been dis
pleased, and he is free to confess that affairs
at the agency have rather bad look. +,
There are about six thousand Indians ut
the agency including mem women, and
children. .Y-.,t.,c.l.. fat .Ssf
MARINE DISASTERS go!
KEY WEST, October .23.-The bark Gal
weston, from Mystic, Conn.,, for this port,
in ballast, was driven ashore on Duck Key
during the late hurricane. She,lies in four
feet Of water. -: ~ : s. -, -,
A schooner is reported ashore, bottom
I'D, at Bahia Honda. Name unknown.
PLYMOUTH, Eng, October 23.-The bark
Excelsior, from Wilmington, N. c., for
Antwerp, has been considerably damaged
by collision. ...,,5 i. -. rr.a; ,1s-s.,7 "
ILLNESS OF PRESIDENT ORION. Z ~.
NEW YORK, October. "a President Or
ton, OF the Western Union Telegraph Conn
pany, has been i'll some days. His physi-
clans report his condition much improved.
He has already passed the crisis OF his i'll
ness. 49, 43g,- 49,
-gas 81. r YELLoW-FEVER.Gl i, /. 49,
Il SAVANNAH, October 23.-Total interments
to-day, six; of which two weref from yellow
fever. Four OF the burials were ,colored
persons. s-':;5s - g .pi2,2 ytifFsss, r.
:. .,1qt E i FOREIGN NEWS: -, ), 2':s
-;,osa int2sJ Switzerland. b Il
FIGHT BETWEEN LIBERALS AND ULTRA. 81 y