Legal Opinion

Rylander v. Allen

Supreme Court of Georgia

Decided March 28, 1906PublishedCited by 37 opinions

Complaint. Before Judge Littlejohn. Sumter superior court. June 23, 1905. The administratrix of Thomas M. Allen brought an action against the Travelers Insurance Company and Mrs. Rylander, to recover the amount of an insurance policy issued by the insurance company upon the life of Allen.

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Complaint. Before Judge Littlejohn. Sumter superior court. June 23, 1905. The administratrix of Thomas M. Allen brought an action against the Travelers Insurance Company and Mrs. Rylander, to recover the amount of an insurance policy issued by the insurance company upon the life of Allen. The substance of the petition, so far as material to the controlling. question involved, was as follows: On May 20, 1897, Allen procured an insurance policy on his own life in the Travelers Insurance Company, payable at his death to his estate. On August 2, 1897, he assigned this policy to Mrs. Rylander, who…

1Opinion of the Court

Fish, C, J.

(After stating the facts.) Where one has procured insurance on his own life in good faith, is an assignment of the policy by him to one who has no insurable interest in his life valid, when the assignment is not made by way of cover for a wager policy? This exact question has never been decided by this court. There is a contrariety of judicial opinion on the subject in other jurisdictions. “An insurance upon life is a contract by which the insurer, for a stipulated sum, engages to pay a certain amount of money if another dies within the time limited by the policy. The life may be…

2Cases cited32 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Olmsted v. . KeyesNew York Court of Appeals · 1881
  3. Martin v. StubbingsIllinois Supreme Court · 1888
  4. Clement v. Insurance Co.Tennessee Supreme Court · 1898
  5. Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859

27 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Clements v. TerrellSupreme Court of Georgia · 1928
  2. Lincoln Nat. Life Ins. Co. v. ScalesCourt of Appeals for the Fifth Circuit · 1933
  3. Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
  4. Southern Mutual Life Insurance v. DurdinSupreme Court of Georgia · 1909
  5. Russell v. GrigsbyCourt of Appeals for the Sixth Circuit · 1909

32 more not listed; retrieve them via the Exa API.

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