Goodrich v. Treat
Supreme Court of Colorado
Error to Probate Court of Arapahoe County. The facts in this case as well as the character of the action are sufficiently stated in the opinion of the court. It was insisted by the plaintiff that a policy could not be effected by the husband for the benefit of the wife and her heirs in the absence of an enabling statute.
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Error to Probate Court of Arapahoe County. The facts in this case as well as the character of the action are sufficiently stated in the opinion of the court. It was insisted by the plaintiff that a policy could not be effected by the husband for the benefit of the wife and her heirs in the absence of an enabling statute. Also that the insured, being insolvent, could not invest money in an insurance policy for the benefit of his wife and her heirs to the exclusion of his creditors without statutory aid. That, aside from such investment being a fraud upon creditors, the statute invested the…
1Opinion of the CourtElbert, J.
Leander M. Sprague insured his life for the benefit of his wife, Mary E. Sprague, her heirs, executors or assigns. The wife died Dec. 10, 1872, and the husband about two years thereafter, leaving three minor children, issue of the marriage. The premiums were all paid by the husband, some before and some after the death of his wife,
Goodrich, administrator of the husband, brings this suit to recover the proceeds of the policy paid by the company to Treat, administrator of the wife. Declaration for money had and- received and general issue.
The evidence offered by the plaintiff to show the…
2Cases cited5 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Mutual Benefit Life Ins. v. Atwood's adm'xSupreme Court of Virginia · 1874
3Cited by6 opinions
- Jennings v. Brotherhood Accident Co.Supreme Court of Colorado · 1908
- Blatt v. BlattSupreme Court of Colorado · 1926
- Metropolitan Casualty Insurance v. BergheimColorado Court of Appeals · 1912
- Metropolitan Casualty Insurance v. BergheimColorado Court of Appeals · 1912
- Mutual Life Insurance Co. of New York v. HagermanColorado Court of Appeals · 1903
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