Sides v. Knickerbocker Life Ins.
United States Circuit Court
Motion for' New Trial. Action upon a policy of life insurance for $2,000, insuring the life of W. D. Dunn “for the benefit of William Sides,” who is the plaintiff. The life-assured was, under his father’s will, the owner of certain real property in Memphis to the extent, however, of only a life estate, .the remainder interest belonging to his children.
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Motion for' New Trial. Action upon a policy of life insurance for $2,000, insuring the life of W. D. Dunn “for the benefit of William Sides,” who is the plaintiff. The life-assured was, under his father’s will, the owner of certain real property in Memphis to the extent, however, of only a life estate, .the remainder interest belonging to his children. He leased the lot for 15 years to Sides by an ordinary lease, which did not, in terms, authorize the removal of any improvements the lessee might make, or contain any covenants in respect to improvements, except such as bound the. lessee to pay…
1Opinion of the CourtHammond, J.
The court is now satisfied that it should have charged the jury, on the facts of this case, to find a verdict for the plaintiff for the amount of the policy less the deferred premium notes, and this ' without regard to the value of the leasehold, either at the date of the policy or the death of the life-assured. Recognizing the immense difference between that immeasurable and enduring insurable interest which a wife or child may have in the life-assured, and that computable interest of a creditor, or other like stranger, the court hesitated at the trial to apply to this ease the principle in…
2Cases cited9 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
- Cammack v. LewisSupreme Court of the United States · 1873
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3Cited by1 opinion
- Beard v. American Agency Life InsuranceCourt of Appeals of Maryland · 1988