Cowin v. Hurst
Michigan Supreme Court
Appeal from Montcalm; Davis, J. Bill by John Cowin against Harriet F. Hurst to enjoin the collection of a certain draft. From a decree for complainant, defendant appeals.
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Appeal from Montcalm; Davis, J. Bill by John Cowin against Harriet F. Hurst to enjoin the collection of a certain draft. From a decree for complainant, defendant appeals. One William Maxted was a charter member of a lodge of the Ancient Order of United Workmen at Greenville, and held his membership until his death, May 13, 1898. Under the insurance clause of his membership, his beneficiary was entitled, at his death, to receive the sum of $2,000. His wife vims his first beneficiary. Upon her death he made his daughter, an only child, Mrs. Cowin, his beneficiary. She died childless. After the…
1Opinion of the CourtGrant, J.
(after stating the facts). The claim of the defendant is that because Mr. Cowin had no insurable interest in Mr. Maxted’s life, and could not be made a beneficiary, therefore the contract between complainant and defendant is void, as against public policy, and that the courts will not afford relief. This position ignores another legal and equitable rule, — that a trustee *547cannot be heard to say, “I will not carry out the trust, because the parties had no legal right to repose the trust in me.” The Ancient Order of United Workmen is not here complaining. If it were, a different question would…
2Cases cited8 opinions
- Hosmer v. WelchMichigan Supreme Court · 1895
- Standard Life & Accident Insurance v. CatlinMichigan Supreme Court · 1895
- Ex'or v. Ex'orCourt of Appeals of Kentucky · 1897
- Hurd v. DotyWisconsin Supreme Court · 1893
- Wells v. McGeochWisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Trust Under Will of KoffendSupreme Court of Minnesota · 1944
- Supreme Lodge Order of Mutual Protection v. DeweyMichigan Supreme Court · 1906
- Grand Lodge, Ancient Order of United Workmen v. BrownMichigan Supreme Court · 1910
- Pleasants v. Locomotive Engineers Mut. L. & A. Ins.West Virginia Supreme Court · 1912
- Farrenkoph v. HolmIllinois Supreme Court · 1908
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