Mutual Benefit Life Insurance v. Willoughby
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit hy Mrs. Eoberta Willoughby against the Mutual Benefit Life Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the,opinion of the court. A life insurance policy is a mere chose in action, and may he pledged, transferred or assigned just as any other chose in action.
Read the full summary
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit hy Mrs. Eoberta Willoughby against the Mutual Benefit Life Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the,opinion of the court. A life insurance policy is a mere chose in action, and may he pledged, transferred or assigned just as any other chose in action. In Lanier, Admr, v. Box, Admr., 64 L.‘ E. A. 458, the terms of the policy were identical with the terms of the policy before the court, and the court said in that case, “we think upon the authorities,…
1Opinion of the CourtMayes, C. J.
An extended discussion of the facts of this case seems unnecessary. In truth, there is very little room for dispute, in the attitude in which this record now comes to us, after the verdict of the jury finding that Mrs. Willoughby did not sign any of the documents leading up to the loan or surrender of the policy. In 1897 Julian H. Willoughby procured a policy of insurance on his life under a twenty-year payment plan, and named as beneficiary therein his wife, Mrs. Roberta Willoughby, in case she survived him, and, if she did not, the policy was then payable to the insured, his executors,…
2Cases cited7 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Pence v. MakepeaceIndiana Supreme Court · 1879
- Stigler's Ex'x v. StiglerSupreme Court of Virginia · 1883
- Jackson Bank v. WilliamsMississippi Supreme Court · 1899
- Jones v. PattyMississippi Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Antrim v. International Life InsuranceSupreme Court of Kansas · 1929
- Decker v. New York Life Ins. Co.Utah Supreme Court · 1938
- Lamar Life Ins. v. MoodyMississippi Supreme Court · 1920
- Condon v. New York Life InsuranceSupreme Court of Iowa · 1918
- First-Columbus Nat. Bank v. D. S. Pate Lumber Co.Mississippi Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.