McRae v. Warmack
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. An uncle has no insurable interest in the life of a nephew. 116 S. W. (Mo.) 1; 25 Cyc. 705. A verbal contract entered into between an uncle and nephew that the latter should apply for a policy of life insurance, and upon the issuance thereof assign the same to the uncle, which contract was afterwards, on delivery of the policy, reduced to writing and signed by the parties, is invalid; and the assignment of the…
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. An uncle has no insurable interest in the life of a nephew. 116 S. W. (Mo.) 1; 25 Cyc. 705. A verbal contract entered into between an uncle and nephew that the latter should apply for a policy of life insurance, and upon the issuance thereof assign the same to the uncle, which contract was afterwards, on delivery of the policy, reduced to writing and signed by the parties, is invalid; and the assignment of the policy is void. 3 L. R. A. (N. S.) 934; Id. 946; 158 N. Y. 24; 44 R. R. A. 417; 15 Wall. 643; 104 U. S. 775; 122 Ky. 402, s.…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by L,. M. Warmack, the plaintiff below, to recover the proceeds of the collection of an insurance policy issued on. the life of Dozier L,. Boswell, by reason of an alleged assignment thereof by said Boswell to him. Upon the death of said Boswell the company issuing the policy agreed to make payment thereof, but, the administrator of said Boswell and the plaintiff both claiming to be entitled to the payment, the company threatened to institute an action of interpleader, whereupon the parties agreed that payment of the policy might be made by it to the…
2Cases cited15 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Cammack v. LewisSupreme Court of the United States · 1873
- Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Home Life Ins. Co. of N.Y. v. MastersonSupreme Court of Arkansas · 1929
- Langford v. National Life & Accident InsuranceSupreme Court of Arkansas · 1915
- Mutual Aid Union v. WhiteSupreme Court of Arkansas · 1924
- Cotton v. Mutual Aid UnionSupreme Court of Arkansas · 1918
- Home Mutual Benefit Ass'n v. KellerSupreme Court of Arkansas · 1921
9 more not listed; retrieve them via the Exa API.