Jenkins v. Morrow
Missouri Court of Appeals
' Appeal from Johnson Circuit Court. — No». Nicholas M. Bradley, Judge. (1) An assignment of an interest in a policy issued by an assessment company is void. Bruer v. Insurance Co., 100 Mo. App. 540; Strode v. Drug Co., 101 Mo. App. 627; Worneck v. Davis, 104 U. S. 924. (2) A portion of a fund cannot be assigned without the consent of the debtor.
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' Appeal from Johnson Circuit Court. — No». Nicholas M. Bradley, Judge. (1) An assignment of an interest in a policy issued by an assessment company is void. Bruer v. Insurance Co., 100 Mo. App. 540; Strode v. Drug Co., 101 Mo. App. 627; Worneck v. Davis, 104 U. S. 924. (2) A portion of a fund cannot be assigned without the consent of the debtor. At best an attempt to do so, only creates an equitable interest in the fund; and can only be enforced if at all by a proceeding in equity. McPike v. McPherson, 41 Mo. 521. (3) Probate courts have no jurisdiction to grant equitable relief, and the…
1Opinion of the CourtBroaddus, P. J.
This is a suit for money had and received. The following statement of the facts appear in the record:
On the 7th of December, 1894, Coleman O. Jenkins-was a resident of Odessa, Lafayette county, Missouri. Prior to that date he had taken out an insurance policy on his life for the sum of $5,000, which policy was issued by the Knights Templars and Masons Indemnity Company, doing business on the assessment plan. This policy was made payable to Martha C. Jenkins, his wife. On said 7th day of December, 1894, the contract of agreement set out in the finding of facts, was duly, executed by the said…
2Cases cited10 opinions
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Davison v. DavisonMissouri Court of Appeals · 1903
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Strode v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1903
- Rugle v. WebsterSupreme Court of Missouri · 1874
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3Cited by12 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- Orr v. St. Louis Union Trust Co.Supreme Court of Missouri · 1922
- Helliker v. BramSupreme Court of Missouri · 1955
- First National Bank v. Security Mutual Life InsuranceSupreme Court of Missouri · 1920
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
7 more not listed; retrieve them via the Exa API.