Brown v. Equitable Life Assurance Society of United States
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover the amount of a life insurance policy. .The court, Johnson, J., found in favor of plaintiff for the sum of $2,027, and interest, and from an order denying a motion for a new trial, defendant appealed. Plaintiff cannot take advantage of his own wrongful acts and laches, to defeat an innocent bona fide holder.
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Action in the district court for Hennepin county to recover the amount of a life insurance policy. .The court, Johnson, J., found in favor of plaintiff for the sum of $2,027, and interest, and from an order denying a motion for a new trial, defendant appealed. Plaintiff cannot take advantage of his own wrongful acts and laches, to defeat an innocent bona fide holder. Fassett v. Smith, 23 N. Y. 252. The assignee of a chose in action takes a perfect title, if the owner has armed his immediate assignee with evidence of absolute ownership, and has thereby misled such subsequent assignee into…
1DissentCollins, J.
I agree with Chief Justice START in his dissenting opinion.
The appellant having petitioned for a reargument', the court granted the petition in the following order, filed on April 10, 1899'.
2Per curiam 1
In view of the facts that the question involved is an important one, that the precise ground upon which the decision was based was not argued by counsel, and was decided by a divided court:
It is ordered that a reargument be, and hereby is, granted of the single question whether the Security Bank of Minnesota took the policy in suit subject to the equities of the plaintiff. Ordered,.further, that the case…
Also in this document: Per curiam 2.
3Cases cited80 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Olds v. CummingsIllinois Supreme Court · 1863
- Bush v. . LathropNew York Court of Appeals · 1860
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
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