Legal Opinion

Chicago Title & Trust Co. v. Haxtun

Appellate Court of Illinois

Decided November 23, 1906No. Gen. No. 12,765PublishedCited by 4 opinions

Bill of interpleader. Appeal from the Superior Court of Cook county; the Hon. Makcus Kavattagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

1Opinion of the CourtJustice Smith

The question presented for decision is: Which of the defendants is entitled to the fund?

It is contended on behalf of appellant that appellee was bound to allege and prove an insurable interest in the life of Brundige at the time the policy was issued, and that such interest was not shown by the proofs. The argument is that one who takes out a policy on the life of another, and pays the premiums himself, must have an insurable interest in the life of that other or the policy will be a mere wager, upon which the party to whom it is issued cannot recover; and that there can be no such thing as a…

2Cases cited2 opinions

  1. Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
  2. Johnson v. Van EppsIllinois Supreme Court · 1884

3Cited by4 opinions

  1. Neely v. PigfordMississippi Supreme Court · 1938
  2. Keckley v. Coshocton Glass Co.Ohio Supreme Court · 1912
  3. Northwestern Mutual Life Ins. v. Coshocton Glass Co.Ohio Circuit Courts · 1910
  4. Northwestern Mutual Life Insurance v. Coshocton Glass Co.Coshocton Circuit Court · 1910

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