Harrison's Admr. v. Northwestern Mutual Life Insurance
Supreme Court of Vermont
Assumpsit on a policy of life insurance. Plea, the general issue with notice. Trial by jury at tbe March Term, 1906, Rut-land County, Miles, J., presiding. Verdict and judgment for tbe plaintiff. Tbe defendant excepted. This case has been once before in tbe Supreme Court, see 78 Vt. 473. Plaintiff could not impeach tbe assignment for illegality. Tbe law'will not afford relief to either party in pari causa turpitudims. Monatt v. Parker, 30 La.
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Assumpsit on a policy of life insurance. Plea, the general issue with notice. Trial by jury at tbe March Term, 1906, Rut-land County, Miles, J., presiding. Verdict and judgment for tbe plaintiff. Tbe defendant excepted. This case has been once before in tbe Supreme Court, see 78 Vt. 473. Plaintiff could not impeach tbe assignment for illegality. Tbe law'will not afford relief to either party in pari causa turpitudims. Monatt v. Parker, 30 La. Ann. 585; Platt v. Elias, 186 N. Y. 79. A completed voluntary gift, such as this assignment, cannot be impeached by the donor, nor his legal…
1Opinion of the CourtRowell, C. J.
This case has been here before. 78 Vt. 473. It is assumpsit on a policy of insurance issued by the defendant on the life of the intestate, payable to-his executors, administrators, or assigns.
The defendant pleaded the general issue, and gave notice therewith according to the statute that it would rely in defence upon an assignment in writing of the policy by the intestate to one Mary Agnes Gleason for a valuable consideration.
The defendant does not question its liability on the policy, but defends for its own protection, as the suit is not brought at the request nor for the benefit of the…
2Cases cited4 opinions
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
- Monahan v. MonahanSupreme Court of Vermont · 1904
- Harrison's Administrator v. Northwestern Mutual Life InsuranceSupreme Court of Vermont · 1906
3Cited by8 opinions
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Parker v. Boston & Maine RailroadSupreme Court of Vermont · 1911
- Town of Georgia v. Town of WatervilleSupreme Court of Vermont · 1935
- Gentes v. St. PeterSupreme Court of Vermont · 1933
- Gleason v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1911
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