Embry's Administrators v. Harris
Court of Appeals of Kentucky
Case 13 — ACTION TO SETTLE ESTATE APPEAL FROM MADISON CIRCUIT COURT. 1. The policy under its terms was not assignable or transferable. 2. Appellee had no insurable and therefore no assignable Interest. 3. There was no valid assignment or transfer and in fact no transfer or assignment at all. Citations; Basye v. Adams, 81 Ky., 368; Hopkins v. Hopkins’ Admr., 92 Ky., 324; Beech on Insurance, sec. 175; May on Insurance, sec. 39'8; 13 Am. & Eng.
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Case 13 — ACTION TO SETTLE ESTATE APPEAL FROM MADISON CIRCUIT COURT. 1. The policy under its terms was not assignable or transferable. 2. Appellee had no insurable and therefore no assignable Interest. 3. There was no valid assignment or transfer and in fact no transfer or assignment at all. Citations; Basye v. Adams, 81 Ky., 368; Hopkins v. Hopkins’ Admr., 92 Ky., 324; Beech on Insurance, sec. 175; May on Insurance, sec. 39'8; 13 Am. & Eng. Ency. of Law, 650; Schwerman v. Gunkel, 1 Ky. Law Rep., 406; Rice v. Downing, 12 B. M., 44. 1. The court erred in. rejecting the amended reply. 2. The…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
J. P. Embry in his lifetime became indebted to the Richmond National Bank, with appellee as his surety. The debt was renewed several times', and in November, 1894, it had swollen to the amount of $3,587.71. At this time appellee, before signing the renewal, required some sort of security. It was finally arranged that Embry should take out a policy of insurance on his life in the New York Life Insurance Company for the sum of $5,000, payable by its terms to the estate of Embry. This policy was delivered, without any written assignment, to appellee,…
2Cases cited2 opinions
- Basye v. AdamsCourt of Appeals of Kentucky · 1883
- Barbour's Administrator v. Larue's AssigneeCourt of Appeals of Kentucky · 1899
3Cited by13 opinions
- Johnson v. New York Life InsuranceSupreme Court of Colorado · 1914
- Harrel's Administrator v. HarrelCourt of Appeals of Kentucky (pre-1976) · 1930
- Hoskins v. HoskinsCourt of Appeals of Kentucky (pre-1976) · 1929
- Mercer National Bank v. White'sCourt of Appeals of Kentucky (pre-1976) · 1930
- Cooper's Adm'r v. Lebus' Adm'rsCourt of Appeals of Kentucky (pre-1976) · 1935
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