Downey v. Hoffer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county : Of July Term 1885, No. 64. Case stated, wherein William A. Hoffer, administrator of Jacob Boas was plaintiff, and'James W. Downey, defendant, as follows :— On May 14th, 1875, Jacob Boas, of Carlisle, Penn., in good faith applied for and obtained from the U. B. Mutual Aid Society of Pennsylvania a certificate of membership, No. 285, for an insurance of Two Thousand Dollars upon his own life, in Division “B,” Class 2,…
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Error to the Court of Common Pleas of Cumberland county : Of July Term 1885, No. 64. Case stated, wherein William A. Hoffer, administrator of Jacob Boas was plaintiff, and'James W. Downey, defendant, as follows :— On May 14th, 1875, Jacob Boas, of Carlisle, Penn., in good faith applied for and obtained from the U. B. Mutual Aid Society of Pennsylvania a certificate of membership, No. 285, for an insurance of Two Thousand Dollars upon his own life, in Division “B,” Class 2, in said society. The Act incorporating the said society, passed March 11th, 1869, and the said certificate are made parts…
1Opinion of the Court
The judgment of the court was entered May 18th, 1885. ^
Per Curiam :
— It must be conceded that on principles of law applicable to contracts generally, this judgment would be wrong.
The rule, however, applicable to this class of cases appears to rest on public policy which forbids gambling on the duration of human life. It is not sufficient that the sale and purchase of this policy may have been in good faith and with correct motives. The mischief resulting from a sale of the policy for purposes of speculating on human life is so contrary to the policy of the law, and so in conflict with the…
2Cited by20 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Metropolitan Life Insurance v. O'BrienMichigan Supreme Court · 1892
- Russell v. GrigsbyCourt of Appeals for the Sixth Circuit · 1909
- Manhattan Life Ins. Co. v. CohenCourt of Appeals of Texas · 1911
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