Sage v. Finney
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Eugene McQuillin> Judge. (1) An agreement between an insured person and a proposed beneficiary that the latter shall have the proceeds of the insurance, or any fixed part thereof, in consideration of his paying the insured’s premiums or assessments, the beneficiary having no insurable interest in the life of the insured, is against public policy as a wagering contract; but where the agreement is not tainted with fraud, such…
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. Eugene McQuillin> Judge. (1) An agreement between an insured person and a proposed beneficiary that the latter shall have the proceeds of the insurance, or any fixed part thereof, in consideration of his paying the insured’s premiums or assessments, the beneficiary having no insurable interest in the life of the insured, is against public policy as a wagering contract; but where the agreement is not tainted with fraud, such beneficiary is entitled to reimbursemert for the amounts so expended by Mm, with interest thereon. Singleton v. Insurance…
1Opinion of the CourtNortoni, J.
This is a suit in equity upon and-for the reformation of a benefit certificate, and, as to defendant Finney, to the end, as well, of restraining him .from collecting the entire fund vouchsafed in the certificate. Defendant, Supreme Council, answered by way of a bill of interpleader, asserted it was a mere stakeholder of the fund of $2000. and that both plaintiff and its co-defendant, Finney, claimed portions thereof. It therefore prayed permission to pay the fund into court and that the court require the parties to litigate the matter between themselves. After the Supreme Council was…
2Cases cited14 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894
- Babbitt v. CorbySupreme Court of Kansas · 1874
- Horton v. . DavisNew York Court of Appeals · 1863
- Lee v. GardinerMississippi Supreme Court · 1853
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bearden v. Texas Co.Court of Appeals of Texas · 1931
- Boyle v. CrimmSupreme Court of Missouri · 1952
- Burgess v. NailCourt of Appeals for the Tenth Circuit · 1939
- Owen v. City of BransonMissouri Court of Appeals · 1957
- American Silver Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1913
14 more not listed; retrieve them via the Exa API.