David Josiah Brewer

“ The contract of insurance is a peculiar contract, especially when made with a mutual insurance company, for although in terms a contract with a corporation it is in substance a contract between the insured and all other members of that company. The character of this contract was fully considered and discussed by this court in New York L. Ins. ”

“ Phinney was to pay no more money, and that his rights and the policy were abrogated. Notwithstanding the provision of the statute of New York, that a provision in the policy itself waiving notice has no effect, and that the company can only forfeit the policy for nonpayment of premium by mailing the prescribed notice, still it would be competent, and it was competent, for the parties mutually to agree to the cancelation of a life insurance policy if they saw fit to do so. ”

“ Now, while it may be technically true, as said by the majority of the court of appeals, that the indorsement on the copy of the writ of error of its receipt for the benefit of the defendant in error, plaintiff below, was under § 1007 of the Revised Statute, with a view to a supersedeas, and may not itself be sufficient evidence of the filing of the original writ, yet the affidavit of the deputy clerk, who had charge of the office, shows positively that it was left with him and filed. ”

“ There is no presumption of ignorance on the one side and knowledge on the other. Reverse the situation. Suppose the insurance company had made this contract as a Washington contract, and there had been some peculiar provision of that state controlling all contracts made within the state: could the company, a corporation of New York, ter eafter be permitted to say that it did not know what the law of Washington was ”

“ We are not insensible of the importance, as well as the difficulty, of the question thus presented in these various aspects, but think that the case may properly be disposed of without any consideration or determination thereof. ”