Page:Federal Reporter, 1st Series, Volume 7.djvu/315

 OOFFBT ». UNIVEESAL LIFE JNS. CO. SOS^ �become forieited by ieason of the non-paymerit of premiums due af ter September 3d and before the decision of the motion for a receiTer; to which condition the company consented. Again, on the fourteenth of Sep- tember, the hearing of all motions in said proceedings was adjourned until November 17, 1877. On the thirteenth day of October of that year an order was entered permitting the company to accept pajrment of debtsdue to it, including pay^nents on mortgages, and restraining all persons and corpo- rations from commencittg any action or proceedings against it. On the eighth day of December, 1877, an order was made postponing the hearing of the motion for a receiver until such time as it might be brought on by the attorney general, on five days' notice. This order also provided that the time of payment of all premiums due and to become due on outstaud- ing policies be extended 30 days after the entry of the final order on the motion for a receiver; and all iniurictibns theretofore granted were con- tinued in force until the final order of the court, except in particulars further specifled, but not material here. Various proceedings were there- after had, until, on the twenty-ninth day of October, 1878, an order was made vacating the order of August 23, 1877, so far as it restrained the company and its offlcers from exercising any of the corporate rights, priv- ileges, and franchises of the company, and the company, and its trustees and offlcers, were authorized to resume their powers in the business of the corporation and their contrbl over its assets. This order required that a copy of the same be sent to every pplicy-holder, with a notice declaring the company solvent, and requiring such policy-holder to pay his premi- ums, past due and unpaid, within 80 days irom the day of mailing a copy of the order and notice, and provided that the company should not f orf eit any Insurance, by reason of the non-payment of past-due premiums, until after the expiration of said 90 days; the court reservlng the power to relieve from any forfeiture by reason of the non-receipt of a copy of the order and notice, on good cause shown. ' ' ■ �It appears that abbut the twenty-flrst day of july, 1877, the company deposited in the mail at New Yorka postal card^upon which was printed so muoh of the order of the court in New York, of date July 17, 1877, as permitted policy-holders to pay premiums thereafter becoming due on their policies to the United States Trust Comiiany, which was undoubt- edly intended to be sent to the compiainant, but was in fact addressed to Honora CofEey, Milwaukee, Wisconsin, P^ior to August 23, 1877, a postal card was also mailed, giving notice of the ampunt of the pre- mium falling due on the complainant's policy on August 23d, and of, the time when due, and that it could be paid at the 'office of the com- pany, or to an agent, when such agent produoed a receipt signed by an oj^cer of the company; but this was also addressed to Honora CofEey. Neither of these postal cards was receiVed by the compiainant, but ho was informed by letter from the secretaryof the company, of date March 9, 1878, of the order of July 17, 1877. Gorrespohdeuce betweeu the attor- neys for compiainant and tlje coiwpany, e?tending ft-ao» August 3, 18J7I, tO: March 29, 1879, shows that about the twenty-flfth of February, 1879, the former were informed of the entry of the order of the court, of date Octo-' ber 29, 1878, and that about the Seventeenth day of March, 1879, the com- ��� �