Phoenix Mutual Life Insurance v. Harris
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of tho Supreme Court of the District of Columbia, for want of a sufficient affidavit of defense in an action on a policy of insurance. The Court in the opinion stated the facts as follows: This is an appeal from a judgment for the plaintiff, appellee here, in the supreme court of the District under the 73d rule.
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Hearing on an appeal by the defendant from a judgment of tho Supreme Court of the District of Columbia, for want of a sufficient affidavit of defense in an action on a policy of insurance. The Court in the opinion stated the facts as follows: This is an appeal from a judgment for the plaintiff, appellee here, in the supreme court of the District under the 73d rule. In December of 1870 the defendant company issued a policy of insurance on the life of Albert W. Harris of New York city, payable to his mother, Mrs. Caroline M. Harris, “or her executors, administrators, or assigns.” On the 24th of…
1Opinion of the CourtJustice Robb
Under the provisions of see. 323 of our Code, which became effective in 1901, no executor or administrator may sell any property of his decedent without first procuring an order of the probate court, and any sale made, without such an order is declared to be void and to pass no title to the purchaser. It is the contention of the plaintiff that inasmuch as it does not appear that the consent of court to the assignment of this policy had first been obtained, the courts of this jurisdiction, in view of the public policy expressed in said see. 323, ought not to recognize this assignment.
While fit…
2Cases cited13 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
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