Butler v. Chamberlain
Nebraska Supreme Court
Error from tie district court for Johnson county. Tried below before Letton, J. This case has been before this court, and was decided May 22,1901. 61 Nebr., 7B0. In the syllabus of that opinion the court said: “One may lawfully insure Ms own life and afterwards assign tbe policy to another having no insurable interest, if done in good faith and not by way of cover for a wager policy.”
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Error from tie district court for Johnson county. Tried below before Letton, J. This case has been before this court, and was decided May 22,1901. 61 Nebr., 7B0. In the syllabus of that opinion the court said: “One may lawfully insure Ms own life and afterwards assign tbe policy to another having no insurable interest, if done in good faith and not by way of cover for a wager policy.” The petition in the case alleged the issuance to Butler of a policy of insurance for $5,000 payable to his estate, the assignment of the same by Butler to Chamberlain as collateral security for the loan of $75,…
1Opinion of the Court
ALBERT, C.
This case is now before the court for the second time The former opinion is published under the title of Chamberlain v. Butler, 61 Nebr., 730, where a complete statement of facts as to the nature of the case and the stipulation hereinafter mentioned may be found. From the record before us it appears that the stipulation in question was made in open court, at the first trial of the case below, after the plaintiff had made an unsuccessful attempt to show by parol testimony the nature of the assignment of the policy by the plaintiff’s husband to the defendant. After such stipulation…
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