Jennings v. Hinton
Supreme Court of North Carolina
Civil, ActioN upon a life insurance policy issued by Tlie American Legion of Honor to R. F. Jennings upon his life for the benefit of his wife, Sarah E. Jennings, plaintiff. She had transferred the policy by a written assignment endorsed thereon, signed, by her, and witnessed by her husband, to the defendant John L. Hinton. Upon the death of B. F. Jennings, his wife instituted this suit.
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Civil, ActioN upon a life insurance policy issued by Tlie American Legion of Honor to R. F. Jennings upon his life for the benefit of his wife, Sarah E. Jennings, plaintiff. She had transferred the policy by a written assignment endorsed thereon, signed, by her, and witnessed by her husband, to the defendant John L. Hinton. Upon the death of B. F. Jennings, his wife instituted this suit. The insurance company paid t-hei money ($5,000) into court — and the question presented to> his Honor, Star-bucle, J., at December Special Term, 1899, of Pasquotank County, was, who was entitled to the money.…
1DissentDouglas, J.
I can not assent to the opinion of the Court, because it appears to me to be against both the letter of the law and the current o-f our decisions. The opinion concedes that if the husband had written nothing, even if he had received ample compensation for his verbal assent, the assignment would have been void. Why? Because the Constitution requires the written assent of the husband. In this case he has written as near nothing as he well could, and has written absolutely nothing that can be construed into an express assent. He can not be considered a party to the assignment, because he…
2Cases cited6 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Ferguson v. . KinslandSupreme Court of North Carolina · 1885
- Jones v. CraigmilesSupreme Court of North Carolina · 1894
- Bates v. SultanSupreme Court of North Carolina · 1895
- Green v. . BennettSupreme Court of North Carolina · 1897
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