Chisholm v. National Capitol Life Ins.
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. A life policy is not one of indemnity. (Dally vs. The India and Life Assurance Company, 15 Com. Bench., 364.) The act of 4, Geo. Ill, Chap. 48 is declaratory of the Common Law. (Bnnyon on Life Ins., 19; Ruse vs. Mutual Benefit, 1 Bigelow, 472. The plaintiff had no insurable interest in the life of Clark. All of the American cases agree that there must be some interest. The following cases show a direct pecuniary interest.
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Appeal from, St. Louis Circuit Court. A life policy is not one of indemnity. (Dally vs. The India and Life Assurance Company, 15 Com. Bench., 364.) The act of 4, Geo. Ill, Chap. 48 is declaratory of the Common Law. (Bnnyon on Life Ins., 19; Ruse vs. Mutual Benefit, 1 Bigelow, 472. The plaintiff had no insurable interest in the life of Clark. All of the American cases agree that there must be some interest. The following cases show a direct pecuniary interest. Mutual Life Ins. Co. vs. Johnston, 1 Bigelow, 327; Hoyt vs. N. Y. Life Ins. Co., Id., 497 ; Am. Life Ins. Co. vs. Robert Shaw, Id., 665…
1Opinion of the CourtWagner, Judge
The main error assigned and relied upon for the reversal of this case, is the action of the court in refusing to. declare that the plaintiff had no such insurable interest in the life of the person insured, as would entitle her to recover.
The record shows that there was a contract of marriage existing between plaintiff and Robert Peel Clark, and that on the 17th day of July, 1869, the defendant made and delivered to plaintiff its policy of insurance whereby it insured the life of the said Clark for the term of his natural life, for the sum of five thousand dollars. The policy was issued and…
2Cases cited2 opinions
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
3Cited by13 opinions
- Singleton v. St. Louis Mutual InsuranceSupreme Court of Missouri · 1877
- Clements v. TerrellSupreme Court of Georgia · 1928
- Crosswell v. Connecticut Indemnity Ass'nSupreme Court of South Carolina · 1897
- Appeal of CorsonSupreme Court of Pennsylvania · 1886
- Cronin v. Vermont Life Insurance Co.Supreme Court of Rhode Island · 1898
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