Dusenberry v. Mutual Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 231, Jan. T., 1897, by plaintiff, from order of C. P. Monroe Co., Feb. T., 1897, No. 8, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit by an assignee to recover the surrendered value of a policy of life insurance against an insurance company. The statement of claim set forth the assignment of the policy, the collateral agreement and notice, as follows : COPY OE ASSIGNMENT.
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Appeal, No. 231, Jan. T., 1897, by plaintiff, from order of C. P. Monroe Co., Feb. T., 1897, No. 8, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit by an assignee to recover the surrendered value of a policy of life insurance against an insurance company. The statement of claim set forth the assignment of the policy, the collateral agreement and notice, as follows : COPY OE ASSIGNMENT. “For one dollar, to me in hand paid, and for other valuable considerations (the receipt of which is hereby acknowledged), I hereby assign, transfer and set over to the…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
The chief contention in this case was upon the question whether Catharine Dusenberry, a married woman, had legal capacity to assign a policy of life, insurance of which she was the beneficial owner, as security for the debt of her husband. The policy was made in 1886, and the assignment in September, 1894. As a matter of fact the assignment was made to the use plaintiff, as a collateral security- for the debt of her husband, contracted prior to the assignment. It is contended for Mrs. Dusenberry that she, being a married woman, could not make a valid assignment of…
2Cases cited3 opinions
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