Insurance money on buildings agreed to be
sold, which had been destroyed, to be applied
purchase moneys, if the purchaser so elects.
Reynard v. Arnold.
A mortgagee with knowledge that his mort-
gagor was a naked trust, having purchased
the premises at sheriff's sale under the mort-on
gage without notice to the real owner, and
then obtained a justice's judgment of possess-
ion against the latter, was enjoined from The application not a part of the policy.
further proceedings to obtain possession. Gor-Statements and representations in an applica-
don, v. Baugher.
209 tion are not warranties. Warranty and repre-
sentation in insurance defined and distinguish-
Cushman v. United States Life Ins. Co.
Where a partner has purchased the interested.
of a deceased partner, an injunction pendente
lite, will not issue, to restrain the use of the
deceased partner's name in the firm name, in a
suit by the son of the deceased, who is en-
gaged in the same business, when it is not
shown that the name was used as a trick or
artifice to injure such plaintiff. Phelan v. Col-
lender.
“General average per foreign statement" con-
strued. English and French rules examined.
Mavro v. Ocean Marine Ins. Co.
In an action on an insurance policy to re-
cover for the loss of an abandoned vessel, a
stringent necessity for such abandonment must
be clearly shown. Cobequid Marine Ins. Co.
A committee of lunatic has title to lunatic's
personal property. He may collect a loan, and
may release a portion of the mortgaged prem-policy.
ises securing the loan. Pickersgill v. Read. 342
When an assignee of a policy of insurance diction. The ordinary form of summons pre-
offers to pay the premium at a proper time, the scribed by the Code is sufficient against a for-
policy will not lapse. The offer is properly eign corporation. Gibbs v. Queen's Ins. Co.
made when such party promised to pay the
premium when due, if notice was sent to him,
and defendant promised to send such notice;
or if offered within a reasonable time after a
technical default, caused by the omission to
give him such notice. Leslie v. Knickerbocker
Life Ins. Co.
The fund deposited with the department,
under the N. Y. act of 1853, is for the protec-
tion and benefit of the general policy holders
only, and must be distributed, under the decree
of the court, by the Superintendent, and not
by a general receiver. The N. Y. act of 1869,
examined. People v. Ashbury Life Ins. Co.
240
On the acceptance of an application by the
insurer the contract of insurance is complete.
The insurer becomes bound for the premium
when he has agreed to pay it, and the insurer
must indemnify in case of loss. Trian v. Hol-
land Purchase Ins. Co.
249
The return of a policy to the agent of an in-
surer, who was authorized to cancel policies
with instructions to cancel, it is in effect a can-
cellation; and taking back that policy neither
revives the contract nor makes a new one.
Ib.
Where by the terms of a policy, in case the
premiums were not paid when due, the policy
lapsed and could only be revived upon payment
of the premium and a re-examination by a phy-
sician, and the last payment was not made, but
evidence was given tending to show, and from
which the jury found, that before it became
due there was an extension of time, and an
offer of payment within the extended time, and
a refusal to receive. Held, that the extension
was not the making of an entire new contract
with the necessity for the observance of the
pre-requisites, such as a re-examination, but
was simply a change of one of the terms of the
contract yet in life, and that the policy was not
forfeited. Dean v. Etna Life Ins. Co. 281
Relation of application on a policy in a com-
pany which has been surrendered, on a policy
in another_company taken in place thereof.
Cheever v. Union Central Life Ins. Co.
Where an application is not made a part of a
policy by its terms, the insured can only be
held to the substanial truth of his answers. 1b.
Such an application is not a warranty. But
the answers are material as matter of law. lb.
When the general agent of a company has
asked questions as to a special disease or dis-
eases of a list of diseases, the company will be
deemed to have waived answers as to the other
diseases enumerated.
lb.
Unless the company notify the insured that
his application has not been accepted, before
the delivery of the policy, there is authority in
the general agent to consumate the contract,
An omission of the applicant to state matters
not called for is not a concealment, and will not
affect the validity of the policy.
lb.
When the insured person states that he has
never had a certain disease, and it is shown
that he had such disease, that is a warranty,
and material to the contract, even if the repre-
sentations were made innocently. Cushman v.
United States Life Ins. Co.
441
The term capital in the internal revenue act
An insurer can insist that the insured shall is not used in a technical sense, but in its ordi-
furnish copies of invoices as a condition pre-nary signification, and it applies to the fund
cedent to bring suits. Au inability to make a which is the basis of the business sought to be
literal compliance may not be fatal to a re-taxed by the act. Bailey v. Clark.
covery, but it must be shown. O'Brien v. Com-
monwealth Ins. Co.
A summons served on the agent designated
by a foreign insurance corporation gives juris-
Parties who sell goods as commission mer-
chants, are to be taxed under the internal reve-
nue laws as wholesale dealers. Slack v. Tucker.
It is a substantial right in a party to a suit
that the original list from which the jury shall be
struck shall be forty-eight in number, and there
can be no substitution of one name for another.
548
As to proceedings to Enforce Judgment, see People v. Tweed.
EXECUTION.
As to Injunctions to restrain proceedings upon dence to prove what persons have been selected.
The statutes do not permit any extrinsic evi-
judgments, see INJUNCTION.
The written evidence is conclusive.
The extent of the original jurisdiction of the
supreme court of Pennsylvania and its present
A person may have two residences, though
but one domicile, and when it appcars that he
has resided, for the greater part of the time,
from the first day of October to the thirtieth
day of June for several years in a certain place,
he is by the statute liable as a juror there. Ib.
A juror was on the general list correctly
written "J. C, Jr.," and on the struck jury
"J. W. C." This was not material, for the
law recognizes but one Christian name, and the
word junior is in law no part of a name 1b.
Talesmen to complete a struck jury" will be
summoned, as in completing the ordinary jury.
People v. Tweed.
570
The Pa. act of March 21, 1872, gives double
the value of goods distrained for rents against
the persons making an illegal distress, not
against the party in whose name the distress
was taken. Fretton v. Karcher.
157
It is competent to show, in a suit for rent
due, that the tenant was deprived of the light
from a skylight, to which he was entitled under
the lease. Morgan v. Smith.
The landlord is liable for any unreasonable
interruption of the tenant's business in making
necessary repairs to the leased premises, though
the lease allowed repairs to be made, and the
tenant consented thereto. White v. Mealio.
A tenant holding premises after landlord
has told him that the rent is increased assents
to the increase. Mack v. Burt.
378
Persons obtaining goods, which are to be re-
turned if not sold, and with the purpose to ap-
propriate them to their own use, and so appro-
priating them, commit larceny. Kraft v.
People.
464
It is competent to show that the accused ob-
tained other goods of other parties than those
charged in the indictment to show the intent,
and to show then partners in crime.
lb.
Bequest, when complete. Effect of the fail-
ure of testator to carry out certain intentions.
Yates v. University College, etc.
74
It is competent in libel to show in mitigation
of damages that a retraction has been published.
Samuels v. Evening Mail Association. 424
It is competent to show what the plaintiff
said as to the damage done.
lb.
It is doubtful whether it is proper to instruct
the jury, that the injury to the plaintiff's feel-
ings is a specific element of damage. Ib.
A solicitor cannot set a lien acquired in a
cause against the rights of other parties in the
cause to production. Held, where the plain-
tiff demanded the production of certain docu-
ments by defendant on the trial, who deposed
that his former solicitors had a lien on the doc-
uments for their unpaid bill. Vail v. Oppert.
Where A and B each took a mortgage on the
same property for the purchase money, and it
was the intention of the parties that such mort-
gages should be liens equal in priority, and one
of the mortgages was recorded before the other
and assigned to C, and by him to D, both of
whom were ignorant of the understanding as to
the equality of the liens. Held, that the record-
ing act gave the first mortgage recorded the
priority, and that that insured to the successive
assignees, who were without notice of the
agreement. Green v. Deal.
Where a defendant was indicted for selling
strong and spirituous liquors and wines, in
quantities less than five gallons at a time with-
out having a license therefor, as provided by
law, Held, that the gist of the offense charged,
under the law consisted not in the act of sell-
ing, but the purpose for which the sale was
made, and to make out offense charged, it must
be proved that the accused not only sold the
liquor, but that he sold it to be drank on the
premises. Huffstaters v. People.
345
Will lie to compel audit of bill for expendi-
tures, when the amount of the bill is appro-
A proceeding in rem. against a vessel for a priated. People v. Board of Audit, &c.
maritime contract cannot be had in a state
court. Campbell v. Sherman.
Will not lie to compel former clerk to have
access to the books and records of a county
The clerk has
clerk's office to index them.
exclusive control and, by statute, must make
the regular indexes. People v. Welch. 137
Will not lie to compel auditor and trea-
surer of a state to pay money forbidden to be
paid by the legislature Wilson v. Jenkins 160
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