Rawls v. American Life Insurance
New York Supreme Court
MOTION for a new trial, upon a case and exceptions. The action was upon a policy of insurance issued by the defendant, dated 28th July, 1853, for $5000, on the life of John L. Fish, of Rochester, N. Y., payable to the plaintiff. The complaint averred the execution and delivery of the policy, and set forth the policy and the conditions annexed thereto.
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MOTION for a new trial, upon a case and exceptions. The action was upon a policy of insurance issued by the defendant, dated 28th July, 1853, for $5000, on the life of John L. Fish, of Rochester, N. Y., payable to the plaintiff. The complaint averred the execution and delivery of the policy, and set forth the policy and the conditions annexed thereto. It also averred the payment of the annual premiums on the policy up to July 1, 1857, the interest of the plaintiff in the life of Fish, the death of Fish at Rochester on the 24th day of February, 1857. That from the time the policy was made, to…
1Opinion of the Court
By the Court,
Johnson, J.
The contract of insurance, if honestly and fairly obtained, was a valid contract in its inception. The plaintiff had an interest in the continuance of the life of the party insured, being his creditor. The fact that the debt was due to him as a member of a partnership, and from another partnership, of which Fish was a member, can make no difference. Fish, as a member of his firm, was individually liable for the whole debt, and the plaintiff, as a partner in his firm, was interested in the whole debt. It seems to me there is no difficulty whatever in this. The contract…
2Cases cited2 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
3Cited by11 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Lincoln Reserve Life Insurance v. SmithSupreme Court of Arkansas · 1918
- Washington Life Insurance v. HaneySupreme Court of Kansas · 1873
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