Page:Federal Reporter, 1st Series, Volume 5.djvu/596

 6S4' FEDERAL REPORIER. �were to Le governed by the law of the states wbere tha com- panies were incorporated, and where the contracta wero to be performed, and the act of 1872 did not bave the effect to extend to such policies the non-forfeiture act of 1861. The same question was again before Judge Lowell in 1879, in Wkitcomb V. Phœnix Mutual Life Ins. Co. 8 Ins. Law Jour. 624, and in Ames v. Manhattan Li/e Ins. Co. (unreported.) The. learned judge considered himself bound by the decisions of Mr. Justice Clifford, above cited, and held that the policies were not Massachusetts contracts, and were not governed by her laws. The facta in this case are almost exact counter- parts of those in the other cases. Certainly there is no material difference between them. In the case of Morris v. Penn Mutual Life Ins. Co. 120 Mass. 503, decided in 1876, the supreme judicial court arrived at a different conclusion upon this question from that reached by Mr. Justice Olifford, and it was there held that the act of 1861, by force of the act of 1872, applied to foreign as well as domeatic companies doing business in the state, The effect of that decision was considered in Desmazes v. Mutual Benejit Life Ins. Co., and was not deemed binding on this court. The learned and well-considered brief of the counsel for the plaintiff bas failed to convince us that we should change the raie of law adopfced by this court upon fuU consideration, aud eince so frequently re-affirmed and acted upon. Judgment for the defendant. ���Wann v. Kellt. (Oircuit Court, D. Minnesota. February 11, 1881.) �IliLESAL CONTRACT — LlABILITT TO ACCOUNT FOB PbOOBKDS. �A joint owner is liable to account to his associates for monej paid under an illegal but completed contract. �Same— Action at Law. �When, in a single adventure, -which is closed, a person, jointly interested therein with otliers, appropriates the prooceeds to his own use, he becomes a debtor to his associates, aud an action ai law gives adequate relief. — [Ed. ����