Legal Opinion

Tripp v. Jordan

Missouri Court of Appeals

Decided February 16, 1914PublishedCited by 4 opinions

Appeal from Jackson Circnit Court.—Hon. 0. A. Lucas, Judge. Defendant, Jordan, acquired no interest whatever in the policy hy virtue of the assignment executed to him hy Tripp. (1) Because the assignment was procured by fraud and Tripp received nothing whatever for it. (2) Because it was void in law for the reason that Jordan had no insurable interest in the life of Tripp, and the assignment was not made to secure a debt due from Tripp to Jordan.

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Appeal from Jackson Circnit Court.—Hon. 0. A. Lucas, Judge. Defendant, Jordan, acquired no interest whatever in the policy hy virtue of the assignment executed to him hy Tripp. (1) Because the assignment was procured by fraud and Tripp received nothing whatever for it. (2) Because it was void in law for the reason that Jordan had no insurable interest in the life of Tripp, and the assignment was not made to secure a debt due from Tripp to Jordan. It was therefore against public policy and wholly void. Heusner v. Mutual Life Ins. Co., 47 Mo. App. 343; Mutual Life Ins. Co. v. Richardson, 99 Mo.…

1Opinion of the CourtJohnson, J.

Action in equity to cancel assignments of a life insurance policy issued November 11, 1891, by defendant insurance company to plaintiff and payable to his wife in the event of his death. In 1907, plaintiff and his wife were divorced and in a settlement of property rights she assigned her interest as *341beneficiary to him. Tbe policy known as a “Limited Payment Twenty Year Distribution Policy” required tbe payment of premiums for twenty years and was fully paid at the time of tbe transactions in controversy wbicb occurred in October, 1911. • Twenty years after tbe date of tbe policy (November 11,…

2Cases cited5 opinions

  1. Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
  2. International Bank v. German BankSupreme Court of Missouri · 1879
  3. Neuhoff v. O'ReillySupreme Court of Missouri · 1887
  4. Hayner v. CrowSupreme Court of Missouri · 1883
  5. Strode v. AbbottMissouri Court of Appeals · 1903

3Cited by4 opinions

  1. First National Bank v. Security Mutual Life InsuranceSupreme Court of Missouri · 1920
  2. Butterworth v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1951
  3. Lee v. Equitable Life Assurance SocietyMissouri Court of Appeals · 1916
  4. English v. Reliable Life & Accident InsuranceMissouri Court of Appeals · 1925

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