City Savings Bank v. Whittle
Supreme Court of New Hampshire
Assumpsit, to recover the amount of a note for $2,500, signed by the defendants, Joshua F. Whittle and Harry F. Whittle, dated March 6,1877 ,• and also three sums paid by the plaintiffs at different times for premiums on a policy for $5,000 in the Home Life Insurance Company on the life of J. F. Whittle, amounting to $276.90. This policy was an endowment policy which became due in 1880, procured by J. F. Whittle for the benefit of H. F. Whittle, who w7as his son, and made…
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Assumpsit, to recover the amount of a note for $2,500, signed by the defendants, Joshua F. Whittle and Harry F. Whittle, dated March 6,1877 ,• and also three sums paid by the plaintiffs at different times for premiums on a policy for $5,000 in the Home Life Insurance Company on the life of J. F. Whittle, amounting to $276.90. This policy was an endowment policy which became due in 1880, procured by J. F. Whittle for the benefit of H. F. Whittle, who w7as his son, and made payable to the son. Joshua F. was defaulted. Harry F., who was an infant at the time the note was given, pleaded infancy.…
1Opinion of the CourtClark, J.
As H. F. Whittle signed the note as surety, and received no benefit from it, his plea of infancy is a defence to the note. The beneficial interest in the life insurance policy procured for his benefit, and made payable to him, became vested in him when the policy was issued. Kimball v. Gilman, 60 N. H. 54; Stokell v. Kimball, 59 N. H. 13; Bowers v. Parker, 58 N. H. 565 ; May Insurance, s. 392. His father’s assignment gave the bank no title to the' proceeds of the policy. The minor’s assignment, though voidable, was valid until it was disaffirmed by him. The bank was rightfully in possession…
2Cases cited1 opinion
- Unity Mutual Life Assurance Ass'n v. DuganMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Novosel v. Sun Life Assurance Co. of CanadaWyoming Supreme Court · 1936
- Knights of Honor v. WatsonSupreme Court of New Hampshire · 1888
- Masterson v. Berlin Street RailwaySupreme Court of New Hampshire · 1927
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