Sands v. Hammell
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. W. H. Tayloe. This bill was filed by appellant against the appellee, and sought to recover the proceeds of a policy of insurance issued upon the life of appellants intestate, Geo. W. Agnew.
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Appeal from Mobile Chancery Court. Heard before Hon. W. H. Tayloe. This bill was filed by appellant against the appellee, and sought to recover the proceeds of a policy of insurance issued upon the life of appellants intestate, Geo. W. Agnew. Complainant alleged that said policy was assigned by said Agnew to the defendant Hammell upon the trust that the latter would care for him in sickness, and provide out of the proceeds of such policy for the payment- of the 'expenses of his sickness, and of his funerab, and one or two other personal debts. Complainant further alleged that defendant' had…
1Opinion of the CourtHaralson, J.
It is well settled, that if appellant’s intestate, Geo. W. Agnew, — sustaining no relationship of blood or marriage to the appellee, Hammel, — was under no pecuniary obligation to him, then the assignment of the insurance policy by him to Hammel, was repugnant to public policy, illegal and void, and conferred no benefit on the latter. — Ala. Gold L. Ins. Co. v. Mobile M. I. Co., 81 Ala. 332 ; Stoelker v. Thornton, 88 Ala. 246 ; Helmetag v. Miller, 76 Ala. 186.
It is shown, without any question, that Hammel paid the first, and all the other premiums on said policy, amounting, without interest,…
2Cases cited9 opinions
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Stoelker v. ThorntonSupreme Court of Alabama · 1889
- Bolling & Son v. McKenzieSupreme Court of Alabama · 1889
- Hancock v. KellySupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Sharp v. BlantonSupreme Court of Alabama · 1915
- Farm Country Homes, Inc. v. RigsbySupreme Court of Alabama · 1981
- Sharp v. CloptonSupreme Court of Alabama · 1928
- Ellis v. Black Diamond Coal Mining Co.Supreme Court of Alabama · 1956
3 more not listed; retrieve them via the Exa API.