Leonhard v. Provident Savings Life Assur. Soc.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. In 1885 Conrad A. Leonhard secured from the -Provident Savings Life Assurance Society a policy of insurance upon his life for the benefit of his wife, Josephine Leonhard, in the sum of $5,000. In 1895, without her knowledge, he surrendered the policy, and secured from the society another one, for the same amount, but upon a different plan.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. In 1885 Conrad A. Leonhard secured from the -Provident Savings Life Assurance Society a policy of insurance upon his life for the benefit of his wife, Josephine Leonhard, in the sum of $5,000. In 1895, without her knowledge, he surrendered the policy, and secured from the society another one, for the same amount, but upon a different plan. In 1902 the second policy was exchanged for a third, with the full concurrence of the wife, who joined her husband in consummating the transaction. Shortly thereafter…
1Opinion of the CourtHook, Circuit Judge
It is contended by the appellant that she had a vested interest in the original policy; that her husband, whose life was insured thereby, had no power, without her consent, to surrender it or to agree to its cancellation (Bank v. Hume, 128 U. S. 195, 206, 9 Sup. Ct. 41, 32 L. Ed. 370; Casualty Co. v. Kacer, 169 Mo. 301, 69 S. W. 370, 58 L. R. A. 436, 92 Am. St. Rep. 641); that authority to make a contract for another is not, alone, sufficient to authorize its cancellation; that power in her husband to surrender the policy for cancellation cannot be inferred from the fact that he procured it…
2Cases cited17 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
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3Cited by3 opinions
- State Life Ins. Co. v. FinneySupreme Court of Alabama · 1927
- Freeman v. Metropolitan Life InsuranceDistrict Court, W.D. Virginia · 1979
- Western Life Indemnity Co. v. BartlettIndiana Court of Appeals · 1924