Joseph McKenna

“ Those cases sustain the distinction which defendant in error makes, and the deduction from it, and our inquiry will therefore be: Did the supreme court of the state of Minnesota deny the validity of the New York statute or only consider its operation and effect? The claim of the defendant in error is that each of the notes was an 'instalment or portion of the premium,' and that therefore the supreme court of Minnesota, in holding that the notice prescribed by § 92 was not necessary to be given prior to the maturity of the notes, denied full faith and credit to the statute. ”

“ The decisions of the highest court of that state as to the construction of such a contract and of the statutes of New York must therefore be accepted as conclusive upon the parties. In Conway v. Phoenix Mut. L. Ins. Co. 140 N. Y. 79, 35 N. E. 420, upon a state of facts and under a statute which, in our opinion, are in no way distinguishable from those involved in the present case, the court of appeals held that the notice required by statute did not apply to the notes; that the company having served that notice before the premium became due, no further notice was required. ”

“ This last act appears to be a compilation and revision of all the insurance laws of the state, and § 92 thereof is but an embodiment (with certain amendments) of the provisions of the act of 1876 as amended in 1877. ”