Barbour's Administrator v. Larue's Assignee
Court of Appeals of Kentucky
Case 66 — ASSIGNMENT OP INSURANCE POLICY APPEAL FROM LARUE CIRCUIT COURT. 1. The interest of Larue in the policies of life insurance did not pass to the assignee under the deed of assignment. 2. The assignee is estopped by his conduct to claim the benefit of the policies.
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Case 66 — ASSIGNMENT OP INSURANCE POLICY APPEAL FROM LARUE CIRCUIT COURT. 1. The interest of Larue in the policies of life insurance did not pass to the assignee under the deed of assignment. 2. The assignee is estopped by his conduct to claim the benefit of the policies. Citations: 1 Biddle on Ins., 183, 271, 281; May on Ins., vol. 1, secs. 102, 175, 189, 440; 2 Story Eq., secs. 1538, 1539, 1542; 2 May on Ins., secs. 385, 391, 596; Bishop on Insolvent Debtors; Cook on Life Ins., sec. 77; Bigelow on Estoppel, 59, 60, 61, 62, 476, 478, 487, 496, 498, 500, 501, 510, 524, 530, 540, 556, 578;…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This is the second appeal in this case. The opinion on the former appeal is reported in 96 Ky., 326 [28 S. W., 790]. After reciting the allegations of the petition, the court in that opinion say: “The only question to be determined in this case is whether or not the policies of insur*549anee passed under the deed of assignment for the benefit of the creditors, and that necessarily depends upon the intention of the assignor in taking out said policies of insurance on his life, and as expressed in said deed of assignment. The policies are not before…
2Cases cited4 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Hurlbut v. HurlbutNew York Supreme Court · 1888
- Johnson v. AlexanderIndiana Supreme Court · 1890
- Larue's Assignee v. LarueCourt of Appeals of Kentucky · 1894
3Cited by10 opinions
- Hess' Admr. v. SegenfelterCourt of Appeals of Kentucky · 1907
- Mercer National Bank v. White'sCourt of Appeals of Kentucky (pre-1976) · 1930
- Embry's Administrators v. HarrisCourt of Appeals of Kentucky · 1899
- Townsend's Assignee v. TownsendCourt of Appeals of Kentucky · 1907
- Morehead's Admr. v. MayfieldCourt of Appeals of Kentucky · 1900
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