Mechanicks National Bank v. Comins
Supreme Court of New Hampshire
Bill in Equity, praying that the Connecticut Mutual Life Insurance Company be ordered to pay to the plaintiffs the proceeds of a policy of insurance upon the life of George T. Comins, .father of Edward, and that the latter be restrained from setting-up a claim to the same. The company in its answer admitted liability upon the policy to some person, and paid the money into court. Edward alleged that the fund belonged to him.
Read the full summary
Bill in Equity, praying that the Connecticut Mutual Life Insurance Company be ordered to pay to the plaintiffs the proceeds of a policy of insurance upon the life of George T. Comins, .father of Edward, and that the latter be restrained from setting-up a claim to the same. The company in its answer admitted liability upon the policy to some person, and paid the money into court. Edward alleged that the fund belonged to him. Trial by the court, and decree that the fund be paid to the plaintiffs. Transferred from the October term, 1901, of the superior court by JPeaslee, J. Prior to May' 11,…
1Opinion of the CourtRemick, J.
The fundamental contention of the defendant is that the assignment was against public policy and void, because the plaintiffs to whom it was made had no insurable interest in the life of George T. Comins, the subject of the policy assigned.
It is indeed firmly established that insurance procured by one person upon the life of another, the former having no insurable interest in the latter, is void as a wager contract, against public policy, which condemns gambling speculations upon human life. And the defendant contends that a policy can no more be assigned than originally issued to a person…
2Cases cited17 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Russell v. GrigsbyCourt of Appeals for the Sixth Circuit · 1909
- United States v. Supplee-Biddle Co.Supreme Court of the United States · 1924
- Mutual Life Insurance Co. of New York v. Board, Armstrong & Co.Supreme Court of Virginia · 1914
- Rahders, Merritt & Hagler v. People's BankSupreme Court of Minnesota · 1911
- Fowler v. Barlow Et Ux.Supreme Court of Vermont · 1929
4 more not listed; retrieve them via the Exa API.