Page:Federal Reporter, 1st Series, Volume 5.djvu/445

 BIOAED V. INHABITANTS OP TP. ÔF NEW PBOTIDBNOB. 433 �the policy, requiring the assured to pay interest annually upon them, it certainly could not be claimed that such inter- est should be treated as a premium to be paid upon the paid-up policy. Griggsby y. Ins. Co. 10 Bush, 310. Itwould seem clear that the parties to this paid-up policy regarded this sum of $403 as a loan, and they made no provision for the forfeiture of the policy for the non-payment of th© inter- est thereon; and it would be a strained construction to say that the interest provided for in the body of the policy was a premium, within the letter or spirit of the third condition, the non-payment of whicb would make a forfeiture of the policy which bad been paid up. Tbis construction works no injus- tice to the defendant, for its debt, with the interest, is a lien upon the policy; it must be deducted, and the plaintiff re- receives only the balance, which seems his equitable right. Ins. Co. V. Ducker, 95 U. S. 269. �Judgment for plaintiff for the amount of the policy, lesa the loan of $4.03, with interest thereon. ���ElOABD V, InHABITANTS OP THE ToWNSHTP OP NeW PeOT �IDENCE. �[Circuit Oowrt, D. New Jersey. January 26, 1881.) �1. Pmiading — Practicb Act op New Jeesbt, {{ 103-4, 110. �The Practice Act of the state of New Jersey (sections 103-4) requirea the plaintif! to file his declaration against the defendant within 30 days after being returned " summoned," and the defendant his plea within 30 days after the expiration of the time limited or granted for flling the declaration ; and provides (section 110) that if any party shall not file his pleaJing in the cause within the time required by law, and shall file the same after the expiration of such time, he shall give the adverse party notice in writing of the time of aling such pleWing, and that the adverse party shall not be required to plead in reply thereto untU ruled so to do. Held, under such statuts, where a declaration was not flled within the time required by làw, but within the time in which the defendant consented that it might be filed, that the defendant was not required to plead until ao ruled by the plaintiff.— [Ed. �In Debt. Motion to set aside judgment. v.5,no.5 — 28 ����