Thompson v. American Tontine Life & Savings Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment entered in favor of plaintiff upon the report of a referee. The action was brought to recover the amount of a policy of insurance alleged to have been issued by defendant to plaintiff upon the life of her husband, Daniel W. Thompson. The facts sufficiently appear in the opinion. The policy, was void under the statute against betting and gaming.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment entered in favor of plaintiff upon the report of a referee. The action was brought to recover the amount of a policy of insurance alleged to have been issued by defendant to plaintiff upon the life of her husband, Daniel W. Thompson. The facts sufficiently appear in the opinion. The policy, was void under the statute against betting and gaming. (2 R. S., 924; 3 Kent’s Com., 8th ed., 448, chap. 656.) Laws of 1866 must be strictly complied with. There was no contract by defendant…
1Opinion of the CourtEapallo, J.
The plaintiff was authorized, by statute, to cause the life of her husband to be insured for her use. But we held, in the case of Baker v. The Union Mutual Life Ins. Co. (43 N. Y., 283), that, independently of the statute, the wife had an insurable interest in the life of her husband, and that an insurance procured by him for her benefit was good at common-law. The insurance in the present case was procured by the husband without previous authority from his wife, and by the terms of the policy she was the assured. But her subsequent acceptance of the policy from him was a sufficient adoption…
2Cases cited1 opinion
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
3Cited by6 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1884
- Carpenter v. AdamsNew York Supreme Court · 1885
- Excelsior Fire Insurance v. Royal InsuranceNew York Supreme Court · 1872
- In re OrearCourt of Appeals for the Eighth Circuit · 1910
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