Appeal of Corson
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 4, of Philadelphia county: In Equity: Of January Term 1885, No. 303. This was an appeal by Robert Corson, executor of Ellen M. McLean, deceased, from a decree of said Court ordering- the proceeds of a policy of life insurance on the life of Ellen McLean to be paid to James Gamier.
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Appeal from the Court of Common Pleas No. 4, of Philadelphia county: In Equity: Of January Term 1885, No. 303. This was an appeal by Robert Corson, executor of Ellen M. McLean, deceased, from a decree of said Court ordering- the proceeds of a policy of life insurance on the life of Ellen McLean to be paid to James Gamier. The parties to the bill were Robert Corson, executor of Ellen McLean, deceased, plaintiff, and The Provident Savings Life Assurance Society of New York and James Gamier, defendants. After issue was joined, G. W. Arundel, Esq. was appointed Examiner and Master, who took the…
1Opinion of the CourtJustice Claek
Although a policy of life insurance is not, like a fire or *444marin'e policy, a mere contract of indemnity, but a contract to pay a certain sum of money in the event of death, (Scott v. Dickson, 16 W. N. C. 181,) yet, the assured is not entitled to his action on the policy, unless he had, as the basis of his contract, an interest in the subject matter insured ; this is a rule founded in public policy, and is of general application : Ruse v. Mut. Benefit Co., 23 N. Y., 516; if it were not so, the whole system of life insurance would become the mere cover for wicked speculation by wager in human…
2Cases cited8 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Connecticut Mutual Life Insurance v. LuchsSupreme Court of the United States · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Roller v. Moore's Adm'rSupreme Court of Virginia · 1889
- Aetna Life Insurance Company v. MessierDistrict Court, M.D. Pennsylvania · 1959
- Turner v. DavidsonSupreme Court of Georgia · 1939
- United Security Life Insurance v. BrownSupreme Court of Pennsylvania · 1921
19 more not listed; retrieve them via the Exa API.