Jennings v. . Hinton

Upon the death of B. F. Jennings, his wife instituted this suit. The insurance company paid the money ($5,000) into court — and the question presented to Starbuck, J., at December Special Term, 1899, of PASQUOTANK, was who was entitled to the money. The plaintiff claimed that she was entitled on the ground that her assignment of the policy was made without the written consent of her husband.

The defendant claimed that he was entitled, for the reason that the signature of the husband, as witness, to her assignment amounted to his written assent.

His Honor instructed the jury that the subscribing…