Northwestern Mut. Life Ins. Co. v. Whiteselle
Court of Appeals of Texas
Error from District Court, Navarro County; H..B. Daviss, Judge. Action by J. E. Whiteselle, executor, .against the Northwestern Mutual Life Insurance Company. Judgment for plaintiff, and defendant brings error. December 29, 1891, plaintiff in error issued to J. O. Shook a policy on Ms life for $5,000, payable at bis death to his wife, Carrie B. Shook, if she survived him, and to Ms executors, administrators, or assigns if she did not.
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Error from District Court, Navarro County; H..B. Daviss, Judge. Action by J. E. Whiteselle, executor, .against the Northwestern Mutual Life Insurance Company. Judgment for plaintiff, and defendant brings error. December 29, 1891, plaintiff in error issued to J. O. Shook a policy on Ms life for $5,000, payable at bis death to his wife, Carrie B. Shook, if she survived him, and to Ms executors, administrators, or assigns if she did not. By a decree rendered December 8, 1908, and on appeal affirmed February 26, 1910, Carrie B. 'Shook was granted a divorce. January 1, 1912, plaintiff .in error,…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] In Cheeves v. Anders, 87 Tex. 287, 28 S.W. 274, 47 Am. St. Rep. 107, it was held to be—
“against the public policy of this state to allow any one who has no insurable interest to be the owner of a policy of insurance upon the life of a human being.”
In conformity to this principle it was held in Hatch v. Hatch, 35 Tex. Civ. App. 373, 80 S. W. 411, that:
“A wife’s interest in a policy on her husband’s life ceases upon obtaining a decree of divorce.”
These rulings mate it clear that Oarrie B. Shook, when she was divorced from J. O. Shook, ceased as the…
2Cases cited4 opinions
- Cheeves v. Anders, AdministratorTexas Supreme Court · 1894
- Martin v. McAllisterTexas Supreme Court · 1901
- Hatch v. HatchCourt of Appeals of Texas · 1904
- Rowlett v. MitchellCourt of Appeals of Texas · 1908
3Cited by10 opinions
- Whiteselle v. Northwestern Mut. Life Ins. Co.Texas Commission of Appeals · 1920
- Shoemaker v. American Nat. Ins. Co.Texas Commission of Appeals · 1932
- Shoemaker v. HarringtonCourt of Appeals of Texas · 1930
- First Nat. Bank of Lockney v. LivesayCourt of Appeals of Texas · 1931
- New England Mut. Life Ins. v. SpenceDistrict Court, W.D. New York · 1938
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